foreclosure, credit, and chapter 13- is this normal?

[papie]

We filed Chapter 13 in 12/2009 and were on course to do a three year plan. We decided to surrender the house in July 2011 and also extended our plan to 47 months. We will be done making chapter 13 payments in November. There is still not an auction date or any proceedings on the house.

I checked my credit report and it lists a massive past due amount on the house and they are reporting that payments are past due every month. There is nothing about bankruptcy being reported.

1.) Is it normal for banks to not foreclose for this long? Don't hey like to wait until after the bankruptcy is done?

2.) Shouldn't my report indicate that the house is in bankruptcy and not be reporting that payments are 180+ past due?

[niko]

Hello Papie,

Was that Bank of America loan or Countrywide? Mine is over 40 months and bank of America is not foreclosing! Bad part of this, we will not be able to get a new house because of it, why? because they report to CAIVRS - Credit Alert Verification Reporting System. I got an approval from a local for a loan and then they called me a week later that it will not happen because of CAIVRS reporting. I tried to talk to my trustee but they were no help. I'm going to try head of housing agency when i get a chance!

[papie]

Niko- the loan is with US Bank. It was with Countrywide until they crashed.

Funny thing- we tried to do a modification on this house for three years until we threw our hands up and decided to surrender. And now, over two years after surrendering they won't foreclose. I called and asked to do a deed in lieu and was told that I would have to put the home on the market for three months to try to do a short sale. Right, these people can't manage modification paperwork, as if I'm going to waste my time trying to get them to approve a short sale. We had considered this when we surrendered the home until they sent a property management company to "secure" the house- aka, steal our belongings, bust through the screen doors, break down doors with crow bar, and rip apart everything they wanted in the house. (The US Bank rep. said she was sorry and told me not to blame US Bank, it was their contractor's fault for hiring those shady people.)

I think my house probably falls into this category: http://www.americanbanker.com/issues...1058558-1.html It's in a pretty economically dead area and foreclosing would probably be more costly than just letting it sit for umpteen years. And apparently banks have no obligation to foreclose: http://www.ncbrc.org/blog/2012/09/13...ered-property/

I'm going to contact my lawyer tomorrow. If they have no solutions I'm going to contact US Bank's lawyers. I do have a rep at US Bank who is my assigned contact and they call once a month to ask me if I have any questions, but they never have any answers. Or maybe I'll just take some days off work and take a drive to US Bank's corporate mortgage office and demand some face time. Or maybe they'll have me arrested. These people are not going to hold me hostage after this Chapter 13 is finished.

So, bkforum, if you hear about some crazy girl leading a revolt on the lawn of US Bank's corporate mortgage office, it's just me, and I just want them to finish what they started.

[niko]

Maybe ours is going to be zombie foreclosure :-) Wow, I didn't know US bank got some of countrywide accounts. I thought it was fully BOFA. I called them several times on the phone, they have no clue why it's not foreclosing. I vacated my property, i had a renter who lives there over 40+ months rent free. He is taking care of the home though, he probably prays that he will continue to live longer for free :-)

As far as your question about credit reporting - mine shows bankruptcy - even though i surrendered my home it shows included but X amount is due etc.