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Facing the BK & pending foreclosure???

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    Facing the BK & pending foreclosure???

    For those of you who filed BK and let your homes foreclose, did you want vacate your home before the automatic stay was lifted and they "officially" foreclosed?
    Our attorney stated that we should have at least 6 months to sit in our home and wait until the last minute to leave. Personally, I can wait that long. We live in a rural community (but has a decent amount of homes, people & shopping) and have been looking at the rentals on craiglist, paper and property management Co's. Not much to offer with the area we want, having a pet and price range. I'm also afraid if we do sit on the house and move out last minute, we wont find anything suitable. My DH & I are in agreement; not to mention we are seriously depressed here and can't wait to move out. This home has been a disappointment from the start. We found a house to rent, in our price range, allows a pet and even has a few extras (pool, jacuzzi, dog run & pellet stove). I put our application in; with notice that we filed BK and an honest explanation why. He is seriously considering it and seems sincere in his word. The best thing is that he's only asking for $2900 to move in (includes 1st & deposit; no extra for the dog) and not requiring en extra months rent for the BK on the credit report.
    If you were in my position, would you jump on it? We have missed 2 mortgage payments, 2 HELOC payments and filed on 1/11. We do have a few months to save up more money but if he's not requiring it, why bother? We don't have any payments (aside from car loan; we plan to keep paying). We only have to pay PG&E in the rental and we can take our time moving out.
    Relatives who are aware of the situation think we are stupid and should save more money while we can. They are not in my shoes and can easily say that. I've got 2 young children to think about and don't want to disrupt there lives with the mistake we made; want the easiest transition possible. They are too young to understand; just think we are going to buy a new home.
    What do some of you think???
    CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
    DECLARED NO ASSESTS: 2/20/2008
    OBJECTION TO DISCHARGE DUE: 4/21/2008
    DISCHARDGED & TERMINATED:4/22/2008

    #2
    Similar thinking here. We stopped paying our mortage in November and moved out in december. We could have stayed there for 4-5 months rent free and stashed away the money. But, we have an 8 month old daughter and the thought of being forced to move out without a place to go scared me. Plus, I am 5 months pregnant and didn't need the stress of moving when I'm the size of a beached whale. Lastly, we have 3 small dogs and found a place through a friend. Landlord was kinda desperate to get a renter and didn't even bother to run a credit check when we told him we were filing for bk. We jumped on it. I don't blame you.

    Comment


      #3
      Originally posted by nazstar View Post
      Similar thinking here. We stopped paying our mortage in November and moved out in december. We could have stayed there for 4-5 months rent free and stashed away the money. But, we have an 8 month old daughter and the thought of being forced to move out without a place to go scared me. Plus, I am 5 months pregnant and didn't need the stress of moving when I'm the size of a beached whale. Lastly, we have 3 small dogs and found a place through a friend. Landlord was kinda desperate to get a renter and didn't even bother to run a credit check when we told him we were filing for bk. We jumped on it. I don't blame you.
      Good for you...our kids are 2 & 5 so they are my biggest priority. I need peace of mind that we wont be in the slums or living out of our parents motor home!
      CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
      DECLARED NO ASSESTS: 2/20/2008
      OBJECTION TO DISCHARGE DUE: 4/21/2008
      DISCHARDGED & TERMINATED:4/22/2008

      Comment


        #4
        Originally posted by dp1969 View Post
        Good for you...our kids are 2 & 5 so they are my biggest priority. I need peace of mind that we wont be in the slums or living out of our parents motor home!
        I understand and sympathize completely! Saving a few months of rent wasn't worth it to me to stress that we were gonna get tossed out with no where to go. Nearest family member is 1500 miles away! I needed to feel settled and that we were making a fresh start. Plus just being in that house was a constant reminder of the money pit it turned out to be!

        Comment


          #5
          I am getting ready to file BK, and also I am very serious about considering forclosure as well. I have a similar problem (no kids, but pets that I would like to keep) and although I had to think about it if found a place at any time within the 6 months where a landlord allowed me everything I wanted, understanding that it might be hard to find a rental at the last minute I would take it. It sounds like a decent deal.

          I only wonder if there is so much over-building that lots of landlords are finding it difficult to find decent renters. Maybe you are only looking at the "tip of the iceberg."

          Oh, I also had the thought that it would be hard to find a place, so I struggled to decide to foreclose, even though it would be the best for me. A friend of mine said "nonsense" There are plenty of places out there. Foreclosure only means you might need to dig a little deeper.
          Last edited by One Half Full; 01-31-2008, 12:59 AM.
          Not all those who wander are lost....

          --J. R. R. Tolkien

          Comment


            #6
            Originally posted by One Half Full View Post

            Oh, I also had the thought that it would be hard to find a place, so I struggled to decide to foreclose, even though it would be the best for me. A friend of mine said "nonsense" There are plenty of places out there. Foreclosure only means you might need to dig a little deeper.
            Our lawyer and parents said the same thing. In January, there were several places for rent (that allowed pets) but I can only find a handful; most are in the slummy part of town. The only problem we is having to acclimate our dog to being and "out side" pet. The landlord requested that he stay outside. There is an enclosed kennel that had access to a "doggie" door which goes into the garage. I know the landlord is concerned with pet messes but, honestly, my kids can do much more damage to a home...just being kids!
            CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
            DECLARED NO ASSESTS: 2/20/2008
            OBJECTION TO DISCHARGE DUE: 4/21/2008
            DISCHARDGED & TERMINATED:4/22/2008

            Comment


              #7
              Originally posted by dp1969 View Post
              The only problem we is having to acclimate our dog to being and "out side" pet. The landlord requested that he stay outside.
              Oh, I could never do that. Mine are inside and sleep with me. They are tiny dogs-- like rabbit size. Staying in a garage would kill them.
              Not all those who wander are lost....

              --J. R. R. Tolkien

              Comment


                #8
                Originally posted by One Half Full View Post
                Oh, I could never do that. Mine are inside and sleep with me. They are tiny dogs-- like rabbit size. Staying in a garage would kill them.
                Well, mine is a 50lb. lab that thinks he's a "lap dog". I know most landlords are concerned about a pet accident but my kids can be way more destructive!
                Honestly, he will be in at night and has free run of the back yard. I'm sure he will "accidentally" find his way in.
                CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                DECLARED NO ASSESTS: 2/20/2008
                OBJECTION TO DISCHARGE DUE: 4/21/2008
                DISCHARDGED & TERMINATED:4/22/2008

                Comment


                  #9
                  Foreclosure does not happen at the last minute.

                  You have lots of advance notice of the sale, depending on your state, and even after the sale if you have not moved- they will still have to evict you based on your state procedures. You owe it to yourself to save up money before you move out- and that way you'll have a lot of cash to help get you a nice place to rent- if you offer a potential landlord 2 or 3 months prepaid rent you'll find your dream rental. You may have invested a lot of money improving your house that you are giving back, this way you will at least get SOME of it back.
                  "Starting again is part of the plan"

                  -Gloria Estefan

                  Comment


                    #10
                    Originally posted by Joe Farmer View Post
                    You owe it to yourself to save up money before you move out-
                    I agree with this. I figure if I can stay in the house for free for 6 months, I can save enough to be able to start looking for another job that will allow me to actually afford a house (maybe).
                    Not all those who wander are lost....

                    --J. R. R. Tolkien

                    Comment


                      #11
                      Originally posted by Joe Farmer View Post
                      You have lots of advance notice of the sale, depending on your state, and even after the sale if you have not moved- they will still have to evict you based on your state procedures. You owe it to yourself to save up money before you move out- and that way you'll have a lot of cash to help get you a nice place to rent- if you offer a potential landlord 2 or 3 months prepaid rent you'll find your dream rental. You may have invested a lot of money improving your house that you are giving back, this way you will at least get SOME of it back.

                      I see what you are saying and would have hoped that it would have been that way but we don't have much in the way of rentals here. I've got a family to think of and cannot "fly by the seat of my pants" in looking for a decent rental in a good part of town when it's actually time to leave. We are depressed sitting in this house and all we do is fight so moving sooner than later is our solution.
                      Never had the money to invest in improvements so no tears shed there.
                      Last edited by dp1969; 02-06-2008, 09:32 AM.
                      CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                      DECLARED NO ASSESTS: 2/20/2008
                      OBJECTION TO DISCHARGE DUE: 4/21/2008
                      DISCHARDGED & TERMINATED:4/22/2008

                      Comment

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