What to say/Should I call?

[Rob517]

I defaulted on my house and at 60 days received the NOD and lots of calls that I never answered. The calls have since stopped but I don't want the mortgage co. to think its abandoned and change the locks as I am still living in it. I'm thinking I should call them back and tell them I cannot afford the house payment any longer but it is still occupied. I will give them no other details. I have not filed bk as of yet but I am going too in the next few months and am letting the house go with it. Should I call or just keep it quiet?

[justbroke]

Calling may delay the inevitable. They may have an offer for you of a modification. What are your intentions anyhow?

[Rob517]

My intentions are to surrender the house. I cannot afford the payment and am behind too far to catch up for a Chapter 7 reaffirmation anyway. My plan all along has been to give it up. I am not trying to delay anything. I know its gonna go bye-bye soon enough and will actually be a relief.

But...from what I have been reading lately on the web...Mortgage companies are changing the locks out on homes since the homeowner defaulted and will not return calls to them....I work a lot and I could see them stating they thought it was abandoned on my part. Thats what I am trying to avoid and my main goal with making contact with them, is to let them know I am still living there but cannot afford it.

Thanks for the reply...

[123ABC]

Why not see if they will take your arrearage and add it to the end of the loan and modify so that you can afford your payment??

[justbroke]

But...from what I have been reading lately on the web...Mortgage companies are changing the locks out on homes since the homeowner defaulted and will not return calls to them....

I haven't heard this at all. They do this on "abandoned" property and can only do this on abandoned property. This is defined in your Mortgage/Note. Abandonment is usually defined as 7 or more days not being there with no intention to return. Of course, that definition will vary based on your Mortgage/Note, State and other factors.

Be careful what you hear on the Internet. The last time I heard about a person having a property they own locked, they were actually attempting to TRICK the bank into thinking they were still living there, when they were not.

[Rob517]

I haven't heard this at all. They do this on "abandoned" property and can only do this on abandoned property. This is defined in your Mortgage/Note. Abandonment is usually defined as 7 or more days not being there with no intention to return. Of course, that definition will vary based on your Mortgage/Note, State and other factors.

Be careful what you hear on the Internet. The last time I heard about a person having a property they own locked, they were actually attempting to TRICK the bank into thinking they were still living there, when they were not.

Oh I did see that post on this forum regarding that but I have read other sources as well. I am not saying I believe it, just trying to avoid the situation.

I can't afford the home regardless if they add the "fees" to the end so it really doesn't make sense for me to do that and drag it out further...I honestly just want to get out but am saving some cash to move and finish paying the attorney.

[monkatom]

Sorry if I gave the impression that I came home and the locks were changed. I did try and give the impression that the house was occupied in order to get a CFK deal. I did not want to stay in the home after the trustee sale as I have two young kids and wanted to be out and take my time as opposed to having a short turn around time. I can see how the lenders rep thought it was vacant as the grass is dead, the windows were covered with sheets and I was never home. I did contact my lender though and told them it was occupied but it appears that did nothing to change what happened. I think if you are living there, etc it will be different then my situation. Again sorry if I lead anyone to believe lenders are changing locks on occupied homes.