How long can i stay in my house?

[reneeka]

If I file for bankruptcy in December, when will I have to leave my house? I don't plan on reaffirming and I'm already two payments behind?

[DebtEnder]

Until they send you an eviction notice. That's all I can tell you without knowing your state or other details.

In general if you have not been forclosed on before you file the BK filing will stall them for a little while. Again depending on state this could vary. They can't take the house while in active BK unless they motion the court for relief of stay. Other details vary greatly from that point on depending on state your in.

Typically the hearings take about a month to get filed and heard and motion granted assuming the bank does it at all. They might not do anything till after your discharge.

Even then once they do forclose it may take them some time to go thru the process to evict you. Again states vary GREATLY regarding the eviction timeline after forclosure.

[aljohnson007]

Stay in the house until your name is removed from the title. If your house has no equity, it's a good bet the bank will foreclose but not change the title so as to avoid taxes, upkeep and HOA fess if applicable. Just remember, only the owner can evict you. Best wishes.

[reneeka]

I'm in Maryland if that helps.

[hopefulbk]

Stay in the house until your name is removed from the title. If your house has no equity, it's a good bet the bank will foreclose but not change the title so as to avoid taxes, upkeep and HOA fess if applicable. Just remember, only the owner can evict you. Best wishes.

So does that mean that the house could be titled to me forever but it has been foreclosed? What happens to the outstanding taxes- isn't that in the owners name at that point? I didn't realize banks did that I wonder if that would affect my chances at another house down the road...

[aljohnson007]

Normally, when taxes are unpaid for two years, the county will auction it off so the title won't be in your name forever.

[DebtEnder]

Banks will often not let the county take a house from them for taxes. They will often pay the tax and then bill you. However again you don't have to pay them anything.

[ItsJustMe]

I'm in the same situation. I know that BK postpones foreclosure if you are close to eviction, but I wonder how BK effects a home in the early stages of default. Our first missed payment is 11-09 and our discharge should be the end of January '10.