Foreclosure taking forever on condo.

[moneytrouble]

My Chapter 7 was finalized in June 2009, and my condo was included. A payment on my mortgage and second mortgage has not been made since 12/2008. Foreclosing proceedings still have not started. After speaking with my attorneys legal assistant and reading the forum here and other places, I was advised to move out as soon as I could after the bankruptcy. This was obviously a mistake. The condo is legally still in my name I believe, and I am responsible for the condo as if I was still making payments and living there. This causes 2 problems.
1. I have to keep vacant home insurance on the condo to hopefully avoid any legal issues. Does not cover flood damage to me or others. (300 a year)
2. I believe I will be forced to turn my heat back on, for plumbing freezing reasons, as piping is shared within the units. This also requires me to turn my electricity back on, as the heating unit depends on this. I really do not have the money to do this. I could just use electric heaters I guess, but that seems dangerous, as the condo is vacant. 6 months after my bankruptcy and I still have this over my head.

Has anyone faced similar issues? It seems too late in the game to start renting. Thanks in advance!!

***I hope to get back into this forum to help more people out. I have been avoiding it though, as it is too much of a reminder of the bankruptcy disaster I am still going through***

[tanya0525]

My Chapter 7 was finalized in June 2009, and my condo was included. A payment on my mortgage and second mortgage has not been made since 12/2008. Foreclosing proceedings still have not started. After speaking with my attorneys legal assistant and reading the forum here and other places, I was advised to move out as soon as I could after the bankruptcy. This was obviously a mistake. The condo is legally still in my name I believe, and I am responsible for the condo as if I was still making payments and living there. This causes 2 problems.
1. I have to keep vacant home insurance on the condo to hopefully avoid any legal issues. Does not cover flood damage to me or others. (300 a year)
2. I believe I will be forced to turn my heat back on, for plumbing freezing reasons, as piping is shared within the units. This also requires me to turn my electricity back on, as the heating unit depends on this. I really do not have the money to do this. I could just use electric heaters I guess, but that seems dangerous, as the condo is vacant. 6 months after my bankruptcy and I still have this over my head.

Has anyone faced similar issues? It seems too late in the game to start renting. Thanks in advance!!

***I hope to get back into this forum to help more people out. I have been avoiding it though, as it is too much of a reminder of the bankruptcy disaster I am still going through***

We stopped paying in November 2008. Filed BK in Sept. 2009. No info on forclosure procedings. House sitting vacant. We pay NOTHING towards the house. My attorney stated we can not be held responsible since we filed BK and did not reaffirm the house. The bank has been inside the house and changed the locks. They have turned the electricity on, but we are not responsible for that. It;s on them.

[tjs1970]

should be living rent free!!!

that is what i am doing now and going to do until they remove me........

[moneytrouble]

This is the problem for me tanya0525. They have done absolutely nothing with me or the condo. No change in locks, no electricity, nothing, no communication. I called them many months ago asking what was going on. They basically said "You just can't walk away from your home, even with bankruptcy! That is separate!" I just said thank you at that point and left it at that. What worries me is that everything is still in my name as far as I can tell, and I don't want the association coming after me for anything that happens while I am not in the home, even if I have vacant insurance.
A lesson for anyone in foreclosure and bankruptcy. If your home is worth nothing, the bank will not be in hurry to foreclose and will let you live rent free for a year or more. Nice!! Well not for me.

[desertgrl74]

Wow! I never really thought of that. But, in my case I still paid my homeowners insurance for the next 6 months. Plus, what's great is that it doesn't get that cold in the winter where I'm at, so since I am moving out. There is not going to be any electricity...I'll just check up on it and make sure it's not bad and hopefully nothing goes wrong! I don't really care anymore. I'm hoping they foreclose soon. But, also think of the money you can save. By the time the foreclosure goes through make sure you've checked out places to live and have a list of top places you like and then you can be prepared to call and see if they have available spots for you.

[ItsJustMe]

This is my nightmare. I'm sorry you're going through it

[moneytrouble]

12 months since last payment made. Still no response from the mortgage company!! Is there a nice way to make them secure the property or turn the heat on for the unit? My Chapter 7 has been finalized with my mortgages listed. Can I still be sued from the HOA for something that happens to the unit or am I protected by my bankruptcy? I am worried about the heat not being on and snow collapsing through the roof, affecting other tenants in the condo unit. Personally, I don't think having heat or electricity on in a vacant home is safe either.

[limage]

I'm kind of in the same boat with my condo. No payment since nov 08. I should be discharged in another 45 days or so. No real action from either bank.

I think I solved my problem though- not sure if works for others. I stopped paying my $550 monthly association fee in May. The association filed a lien in the summer and started foreclosure proceedings about a month before I filed. Although I'm not sure why they are doing it (I am almost 80k upside down), I included them in my BK and I'm done with them. They will start things back up as soon as they file for a stay. They are confident that they will have completed the foreclosure by March (per the association meeting minutes).

I plan to move out in February- I hope I have enough money saved by then.

[moneytrouble]

That is my problem. No one is doing anything about anything with my home. My fees have not been paid in over a year as I truly did not have the money. Liens were filed against the home about a year ago, and nothing is going on. No locks changed, no one from the mortgage company contacting me, no one doing anything. My home just sits empty. This is so frustrating. My understanding is that when the home is foreclosed, the mortgage company only pays a part of the dues, the rest the association can come after me for years to come, even though no one is living there using the services. Can I be sued for not turning the heat on in my condo unit, as we get cold weather and snow in these parts?

[moneytrouble]

19 months and still no foreclosure date!!!!!!! The lender changed the locks, but will not foreclose. I really wish there was some way to force them to foreclose. I thought after 4 months of non-payment foreclosure was automatic. That is what happened before I filed Chapter 7. On the first day after 4 months of non-payment, they sent me a foreclosure notice, with a sheriff's sale date. After they received notice of Chapter 7, they sent me a letter for the automatic stay. Have not received any phone calls or formal letters from them since!! The only communication is communication from me.

[Confused33]

Whoa man, that is kind of frightening.

What state?

[moneytrouble]

Michigan.

[droidgirl10]

Same thing happening here. (Indiana)
Filed BK Oct 09, discharged Jan 10. Surrendered home. Last pymt Sept 09.
Moved out 7/1/10, paid HOA dues for second half of 2010. HOA knows how is vacant and if grass isn't mowed every week, sends me letter saying they are going to sue. We live in a different city, hubby out of town alot, I'm disabled. Hard to get mowed every week. They are being ridiculous.
All utilities now off.
Got letter stating because home is vacant insurance co is dropping us so I guess we won't have HO insurance on it soon. Was told no one else is going to insure us b/c the home is vacant.
But how is this my problem? Why should it be? We gave the home back. Just come take it, already!

[keepinitreal]

Can you rent out the condo, for a rent amount at least enough to catch you up on your HOA fees post-bankruptcy? It's probably a hassle to be a landlord, but you're gonna be responsible for the HOA fees incurred after your bankruptcy filing date. You really need a painless way to pay those. Good luck!

[hedgecat]

One year since last payment to BOA in Washington State. They insist I have to do a short sale for a minimum of 3 months before they'll do a deed in lieu. Ugh. I told them that I included the house in BK, did not reaffirm and that I didn't "have to" legally do anything at this point. I am not in the house so it's just sitting empty and here's me, just worrying about it. I spend hours on the phone with them, only to be hung up on in the end. Stinks.