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BOA Foreclosure in Washington After Ch 7?

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    BOA Foreclosure in Washington After Ch 7?

    Good morning, everyone -

    I've been lurking here for nearly a year - since we filed for ch. 7 last April, but rarely post.

    I'm hoping to get some insight for anyone who's been in my situation. We owned a small business that bankrupted us last year. We filed in April 09, but hadn't made a mortgage payment since December 08. We received a notice around March 09 that I believe was the acceleration notice -but have received absolutely nothing since then. We indicated on the bk paperwork that we were surrendering the house and moved out around the time we were discharged in July 09 per our attorney's advice. BOA "took possession" of the property in September 09 - by changing the locks and winterizing the place. BUT, we still are responsible for it - for example, the fence blew down in a big storm and we had to fix it, we had to secure insurance on it after the old policy was non-renewed because it was vacant (BOA paid the premium out of escrow though). I am now told I have to pay the annual HOA dues as well.

    We haven't made a payment in 15 months and surrendered it in bk almost a year ago - we are still not in foreclosure. Apparently, it hasn't even been sent to the foreclosure department yet! Everytime I call they try to get to me move back with the promise they will help work a payment plan out, but I'm over it! We begged for help a year ago and were told no since we weren't late and then when we were we didn't make enough money to qualify for assistance?

    Can anyone tell me how long it took BOA to foreclose in Washington? Is this going to be a 3 year issue?

    #2
    Originally posted by Hopeful09 View Post
    Good morning, everyone -

    I've been lurking here for nearly a year - since we filed for ch. 7 last April, but rarely post.

    I'm hoping to get some insight for anyone who's been in my situation. We owned a small business that bankrupted us last year. We filed in April 09, but hadn't made a mortgage payment since December 08. We received a notice around March 09 that I believe was the acceleration notice -but have received absolutely nothing since then. We indicated on the bk paperwork that we were surrendering the house and moved out around the time we were discharged in July 09 per our attorney's advice. BOA "took possession" of the property in September 09 - by changing the locks and winterizing the place. BUT, we still are responsible for it - for example, the fence blew down in a big storm and we had to fix it, we had to secure insurance on it after the old policy was non-renewed because it was vacant (BOA paid the premium out of escrow though). I am now told I have to pay the annual HOA dues as well.

    We haven't made a payment in 15 months and surrendered it in bk almost a year ago - we are still not in foreclosure. Apparently, it hasn't even been sent to the foreclosure department yet! Everytime I call they try to get to me move back with the promise they will help work a payment plan out, but I'm over it! We begged for help a year ago and were told no since we weren't late and then when we were we didn't make enough money to qualify for assistance?

    Can anyone tell me how long it took BOA to foreclose in Washington? Is this going to be a 3 year issue?

    Comment


      #3
      I guess I don't understand why you had to move, if they have not actually foreclosed yet? My understanding was that if you surrender your home (in a 7 or a 13) that you can potentially stay there until you are forced out. Maybe I am incorrect though.

      Comment


        #4
        I am also surrendering my house after discharge, but not moving out until the foreclosure is done. I don't want to be responsible for HOA and other stuff. I almost moved out at one point, for now I take advantage of the free rent and I'm able to save some money.
        Filed Chapter 7 - 12/16/2009
        341 Meeting - 1/26/2010 - done!
        Last day for objections - 2/25/2010
        Discharged 3/31/2010

        Comment

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