What is reaffirmed?

[badluck]

[HakunaMatata]

It appears WF has been granted relief from the Automatic Stay and is continuing with the foreclosure process. I assume you haven't been making payments on your surrendered property, correct? WF is simply notifying you of such. They are stating since you didn't reaffirm (recommit to) the loan, they are proceeding with their security interest (house) and are not actively attempting to collect the debt. Your BK and your choice to surrender the property (instead of reaffirm) will protect you from any deficiency.

[badluck]

You are exactly correct. WF granted relief from Automatic stay and they are in the foreclosure process and my house is in pre-closure status (MA state). Thinking to stay till the last day.
We are not paying the mortgage (1st and 2nd) since 8 months. Before I file ch-7 I had sent an application for loan modification with my “unemployment income” as income but I received a letter from WF that they denied the loan modification.

We don’t want WF come after us for the “deficiency”.
Thank you

[aljohnson007]

The morgages and any deficiency judgement will be wiped out with your discharge so don't worry. You can stay there as long as your name is on the title as owner so don't let the bank scare you into moving. More and more, banks are forclosing but do not complete the action and will not change the title so they will not be liable for HOA fees and taxes.

[badluck]

The morgages and any deficiency judgement will be wiped out with your discharge so don't worry. You can stay there as long as your name is on the title as owner so don't let the bank scare you into moving. More and more, banks are forclosing but do not complete the action and will not change the title so they will not be liable for HOA fees and taxes.

You mean that I have to pay the property taxes (NO HOA) or bank has to pay the taxes?

[justbroke]

You mean that I have to pay the property taxes (NO HOA) or bank has to pay the taxes?

Generally speaking, yes, you're responsible for all HOA fees after you file Bankruptcy. You would not need to pay property taxes as they attach to the property itself (and the Bank would pay them so as not to lose the property to a tax certificate sale).

In this scenario, you don't pay the property taxes... allow the bank to pay them. If they don't pay them, they'll pay them at the actual foreclosure, in order to get clear title.

In some States, like Florida, the HOA fees are the Bank's responsibility up to a certain statutory percentage or the balance of the loan and for a certain period of time. Some HOAs are smart and go after the "debtor/owner" after they file for Bankruptcy because the Code permits this.