A little bizarre maybe?

[BKcrazy]

I've left the state I filed BK in, had my 341, and haven't contacted the mortgage company so they can secure the property. My attorney said don't bother. Doesn't that seem like a bad idea to not call them?

[FreshLikeADaisy]

The lender's attorneys during my foreclosure were very courteous, straightforward and very professional, so I was courteous in response and let them know when I'd be leaving and even where they could find a key so they wouldn't have to break in.

But I doubt I'd have been so nice if they had behaved badly. Petty, I know, but since you're bk'ing and walking away, the only possible benefit I see is that they secure the property. But if that won't shield you at least in part from liability, your atty's right: it doesn't matter either way. It's just a question of how generous you're feeling today.

[BKcrazy]

Well, even though I still have insurance on it, I just am a little worried someone may bust into the place. I left stuff behind. I had a friend go through the place and send me some stuff, but it's messy. Not dirty, just stuff laying around because I ran out of time. Pretty sure nothing important paperwise, not like my credit would be worth anything, but just don't want my info out there. I don't think I left anything with my ssn on it. My credit card accounts are closed. The HOA has a spare set of keys and I wouldn't be surprised if they went into the place on their own at some point.

My lender wasn't so nice, but I didn't get all the calls I thought were going to happen when I started missing payments. But, my lender is most likely close to going under themselves. Bet Merrill Lynch is kicking themselves for acquiring them.

[FreshLikeADaisy]

I left stuff as well, also for lack of time. But what I did was have a burn party for the paper: I never throw paper away, so there was piles of it, and there was no way I was going to let that sit there with my acct numbers, SSN, etc all over them. (Put it this way: I still had pay stubs from 1987.)

But I have a friend who is a pyro, and his stepson is a pyro as well, so I invited the whole family out for a burn party and they made a day of it. When I told these two guys that yes, I was actually going to let them have their way with lighter fluid, gasoline, paper, and matches, they couldn't come out fast enough.

[BKcrazy]

Well, I got the notice that the stay got lifted. I'm glad my friend was in and out of there already. Wonder what's next? The BK attorney said I wouldn't get charged for any of the legal fees.

[FreshLikeADaisy]

If your foreclosure is anything like mine was, it's all paperwork from here until the post-foreclosure sale eviction notice. You may want to have your friend come by and take the notices off the door just for safety's sake; as far as I know they have to be posted there by law and that step cannot be avoided. So your door will have all these papers taped to it unless you have your friend remove them. After the eviction notice (which may come by mail, mine did) the sheriff's deputy will come and tell you the date and time (usually within 48 hrs) the legal eviction will take place, which consists of the sheriff's deputy, a locksmith, and a representative of the lender, and they change the locks or put a lock box on. At some point thereafter, the lender will start to prepare the home for resale... but given the way things are right now, they may not get to it for a while.

The time limits involved and who exactly represents the state (sherriff, police officer, whatever) may change from state to state, but that's the gist of it.

Oh, and the atty is right: you won't be charged any of the legal fees. The cost of foreclosure would be included in a deficiency judgement, but since you're in bk that's just another unliquidated, unsecured debt that is discharged with everything else. Isn't it awesome? You're really and truly out from under, finally. At least with the house.

[BKcrazy]

Yes, good riddance. I'm wondering maybe I should tell the mortgage company I'm gone so they can deal with that notice on the door. I'm worried my friend might get hassled ripping down a notice. But, the HOA was notified the notice is coming. I'm sure they know I'm gone, I told the night security lady I was leaving the night before I got out.

[FreshLikeADaisy]

BKcrazy, since your friend is acting on your behalf I can't see how anyone would have a problem with it: the law requires that the notice be posted, not that it stay up for any length of time.

My concern is that if the house is empty and there is paper on the door that doesn't move, it's an invitation to break in, so that's why I suggested having your friend remove them. I don't guess it really matters all that much, but if it wasn't just a theft issue but having squatters move in and make it a crack house, that would be all kinds of horrid, maybe not financially but emotionally, and for your ex-neighbors, all that. Plus HOAs can be exceedingly nasty. If your friend takes the paper down they have nothing to ***** about.

[BKcrazy]

I'm wondering how soon they will start with the notices? It just may be hard for her to get over there since she has a busy schedule. And since I canceled and changed insurance, should I let the mortgage company know so they don't try to stick with me with their insurance? I've already paid for the new insurance.