Making Sure --- Ride Through

[jgordo52]

I filed BK, Ch. 7 12-31-08, Discharged 4/15/09. I did a ride through with my first and second mortage and have lived at my place since paying mostly on time monthly.

I just ended things with my fiance and roommate is moving out June 1, and I work about 50 miles away. It'd make more sense to me to just walk away from the place and rent closer to work.

With that said, whenever I've had conversation with my second mortgage holder since BK, (I gave the one lady permission to call me) they've always told me they can give me a 1 times 30 late on my credit report, which what I understand to be untrue. I've told them this several times as it was discharged and I never re-affirmed and have my bk discharge paperwork showing that. Is there anything I can do to ensure that they don't do this? Especially if I'm trying to get approved to rent, it wouldn't be great to have.

Also, if I move, what do I have to do about my association payments until the bank takes over the house, utilities. Would you chance living in the house not paying the mortgage for a few months and keep up on the utilities to save some money? Most foreclosures still take at least 6 months? What's everyone's thoughts on this?

Thank you,

Jeff

[HHM]

Yes, stay in the house and save money.

As for the HOA, read this, it summarizes it pretty well

http://methnerlaw.com/2011/05/07/the-hoa-bankruptcy-trap-hoa-dues-after-bankruptcy-are-still-owed/

[jgordo52]

Will I get notice when they start the foreclosure proceedings and when I'd have to be out by?

[HHM]

Yes, all states have pretty rigorous notice provisions, you will know.

[chicagoannie]

I would stay put, deal with the long commute to work, and sock away those mortgage payments for as possible. Yes - you will absolutely receive notice of foreclosure proceedings. Some "hey, what's going on" calls and letters from your lender, then a notice of lis pendens at/around 90 days after last payment, then I believe you have 4-6 months after that until the bank could set a sheriff's sale but....I have seen in my area numerous homes in foreclosure that are still owner-occupied 15 months after the owners defaulted.