Questions regarding moving before foreclosure notification

[lizzytish57]

Good morning and Happy Saturday!

My chapter 7 has been discharged and closed. I chose not to reaffirm my mortgage (two mortgages on house) and now I want to move on and not wait around for the foreclosure to happen.

I have two questions:

What happens if I move and leave some of my stuff behind? I have no job, no money and no one to help me move and taking just clothes and personal effects that will fit in my car. I hear a blues song in there somewhere

Anyone have any experience with just mailing the keys back to the lender/servicer? Jingle mail as we used to call it. I have been told that I cannot do a deed-in-lieu because I have a 1st & 2nd mortgage on my house.

Thanks for any advice/info/suggestions

[justbroke]

You have no job and no money, but you want to move? That is the question that everyone is going to ponder and then ask "why would you leave your home?"

Mailing the keys would waste $0.49.

In some jurisdictions, leaving property in the home may be problematic. The lender or purchaser, at the foreclosure, may be required by law to evict you because there remains personal affects in the property. I can't answer that question for New Hampshire or your specific city/town/county.

If you really have $0 in your pocket, have you considered selling your furnishings? Maybe a "house sale" is in order to hopefully reduce the amount of property that you will need to remove.

[bcohen]

Why on Earth would you want to move, when you have no money to pay for moving expenses and rent to live somewhere else? And foreclosure hasn't even begun yet? Why not stay in the house for free, and save your money? Even a low-wage job would be useful when you're paying no rent and no mortgage. If and when the bank decides to foreclose, you can stall the process as long as possible, and probably squeeze out a year or more of payment-free living.

[lizzytish57]

Thank you justbroke and bcohen! I am glad I posted. I need to know what I am in for and my attorney was clueless. The longer I stay here, the deeper into depression I go and I need to get out. I have somewhere to go, just no funds to clear out the house.

Never thought about the eviction angle. I included my very hefty heating bill in my bk filing, thinking I would be back on my feet in no time and able to pay it back but now have no heat in here, so I will have to do something soon.

Now after your comment about the eviction angle, I am thinking about calling the servicer to find out if they will do an eviction if I leave stuff behind.

Any possessions that I could sell have been sold through flea markets and yard sales, etc.

Any and all replies, comments, suggestions are gladly welcome.

[Drazil65]

It could be 1 yr or 2 before you get to foreclosure (ours took 2.5 yrs), that is free rent and since you have no money that seems to be in your price range! Do not be hasty or impulsive with this situation, hopefully you are looking for work and if you get a job and get on your feet then you have an opportunity to save quite a bit of money to move.

My guess is that your depression will get a lot worse if you are asked to pay rent or something towards room and board should you move in with someone. Better idea would be to have someone move in with you on a month to month basis and collect a little rent or room and board from them, then you have some income for a little bit. Seriously step back and think this through as with no job a free place to live is exactly what you need as I cannot imagine someone will let you slide on paying them something for too long.

[justbroke]

I was going to ask about the "heating" angle since you are in an State, New Hampshire, which does tend to have very cold nights for a good 5 months. Since you included the gas (utility) company in your petition, I suppose they are asking for a hefty deposit. Are there any alternatives? If you're using oil, then you could pay on a cash basis. If you're buying natural gas from a utility, that could be problematic.

I was more worried about you having a warm and comfortable place to stay and I didn't want that to be your car. If you have somewhere to go and can afford this new place, then I would still try to use the home for as long as humanly possible.

You could also donate what remains to a local charity or similar organization. Just tell them that they will need to come and collect the items. Tell them what you have and let them have it all!

[lizzytish57]

Ok, thank you Drazil65 and justbroke for those thoughts.

I will be moving back to my parents house. My father needs help with my mother and is asking me to step up moving.

justbroke, the heating part I never investigated because I never dreamed I would still be here this far along into the season/year. I probably would have to come up with a deposit (propane). Yes, it is getting cold in here!!! My new slogan is "Shivering burns calories"

Drazil65, to your point regarding foreclosure length of time, I really thought the foreclosure backlog was caught up? New Hampshire is a non-judicial state so no court involved.

Keep those thoughts coming everyone! It helps so much!!

[AngelinaCat]

Welcome to the forum, lizzytish57.

It could literally be years before any move is made toward foreclosure. One of our members, tobee43 and her husband left their home in New Jersey and moved to Florida before filing BK. It has been more than six years now, and no move has been made on the part of the bank to start foreclosure, and the house is falling into ruin.

Here in Florida, 'Hub's ex-wife left her double-wide three years ago, and filed BK. Though the lender has sold the debt a couple of times to Junk Debt Buyers (JDB) no real effort to foreclose has been made.

[lizzytish57]

Thank you AngelinaCat! This forum is so helpful and I have spent hours reading the various posts.


The last communication I received from the lender/servicer was just before discharge. The paralegal from the law firm handling the bk emailed to ask if I had any questions regarding payments as she was moving to lift the automatic stay and start foreclosure. Is that just an idle threat?