Mortgage after Chapter 13 discharge question

[azmomster]

I completed 5 year Chapter 13 in Jan, discharged. My mortgage was not originally included in BK but rolled in back in 2011. I moved out of the home. Mortgage company has yet to file any foreclosure docs, still after 2 1/2 years.(shoulda stayed in it!) What is my liability for the house? Mortgage co. is paying insurance but still in my name. Any reason they are waiting so long to foreclose and sell? Just want to get my name off the title/docs so I can move on. Any input is appreciated. Thanks.

[JSFleischman]

This happens all too frequently, especially in places where the real estate market is still well below 2008 levels.

Your liability for the house is limited to any HOA dues that accrued after the date of filing for bankruptcy, as well as any post-filing expenses and taxes. I'd talk with a local lawyer to see if you can file an action in state court to compel the lender to foreclose, but that depends on your state law.

[azmomster]

Thanks, there was no HOA dues and everything was current when rolled in to the BK. The value of the house is actually above the current balance due on first and 2nd. so they would make money... Or maybe I would get a little back. I will check in to a local lawyer.

[LadyInTheRed]

If there is equity in the home, why not put it on the market?

[azmomster]

I thought once I rolled in to the BK, I could not do that. If I can, I will look in to as that would be quickest way and possibly get something out of it. Save the foreclosure too. hmmm... thanks!

[justbroke]

Please don't forget that you have liability for any injury which occurs on the property. You are also liable for any municipal fines levied against the property. Reverse foreclosures are a rarity and I've only read of a few HOAs that were successful with compelling foreclosure.

If there is equity, I don't see why you would not sell it.