Need advice before I make phone call

[sickandtired]

So we filed a chapter 7 and are discharged and we were in foreclosure back in July, however, they never filed for relief of stay so they took us out of foreclosure...we've have already moved into a rental before they took it out of foreclosure. So my question is...we just got the last of our stuff out of the house, what we are taking, do we just call the bank (boa) and make arrangements to give them keys and sign deed over? I mean why make them go through foreclosure again if we are already out? Is it possible to do this and how should i approach it with them? Should I just call my lawyer and let her handle it? She would probably just say let it go back into foreclosure but honestly I dont see why. I just want to be done with it.

[ccsjoe]

You can try to call lender and make arrangements, however they will move as slow as they will move and unfortunately, until they remove your name from the deed, you still are responsible for the property. Perhaps you may call them and suggest a deed in lieu of foreclosure, see if they'll go for it.

[sickandtired]

Ok, I called yesterday and my account is still in their BK dept so basically they told me that until they get notified from the court of discharge that it will stay there and no one will talk to me, however, once they get notification and it goes to loss mitigation then at that point they will be able to make arrangements with me to sign everything over. Ill be so glad when this part of it is over and I can finally get that life behind me.

[ccsjoe]

Thanks for updating. What I'm afraid of in your case is that with the glut of houses on the market, that they will drag their feet to take any action post-discharge and that you will continue to be liable for the house for many months to come until your name is off the deed. Hopefully not so, but something to keep in mind.

[tcreegan]

Ed's law

Hi all,

I contacted GMAC by phone and asked if they would do a 'deed in lieu' and they said I needed to "qualify" for it. They sent the papers and they were for a loan modification.

My brother Ed's law: Never attribute to malice things adequately explained by ignorance.

Good luck with BOA, I am writing a letter to GMAC and funneling it through the local lawyer they retained in the case.

Tom in Colo

[venicehope]

my experience as yet it's been 3 yrs & still no foreclosure!

Thought I'd share what's happened to us since Nov. 07. Filed Chapter 7 Nov. 07, discharged Jan. 08. I rushed to move out of the house in fear of not getting a decent rental (with the bankrupcty on record) Our discharged home is still not in foreclosure. We could have been living there rent free for three years now. Banks are moving very slow, the deed is STILL in our name. We had 20,000. in back taxes due, which the "bank" just paid to apply for the tax deed.