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Still nothing... over a year later

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    Still nothing... over a year later

    Hi guys, just would like some quick friendly advice or to even vent with some other frustrated people out there!

    I surrendered my property last year in my bk. I haven't paid on the property since April 2009. BK closed in September 2009. The bank filed for relief from the stay but did absolutely nothing with it. In fact, after my bankruptcy was closed they started collection attempts! They kept calling me asking when I was going to pay them... I'm like...umm never? It took about 2-3 months for me to get them to stop sending me late payment bills and stop calling. Finally, in January they sent me a letter saying hey we noticed your property is vacant, we're changing the locks... I'm like yay, they are going to do something now... nope... nothing. I have heard didly squat from my bank and not even a letter of default or anything.

    My problems are now with the HOA and this stupid community propietary company. I tried to make arrangements with the HOA to pay them 50 bucks a month (all I can afford they weren't even in my ch 7 budget) till the property is foreclosed... they have been giving me some problems but haven't heard anything from them in the last few months. The monthly payment is supposed to be like 200 dollars... so, I'm quite behind with them.

    The other problem is this annoying community proprietary thing... basically, my HOA changed companies as of 12/31/09 and apparently the old company was paying this community fee. Its like 90 bucks a month to pay for pools and stuff in the community. I didn't realize this was included and I've actually never signed up to use any of the community offerings. So, I sent them an email saying I do not feel that I should pay for something I'm not using bla bla...waiting for foreclosure...bla bla. They are sending me past due letters but I'm like totally ignoring it. I know I technically am responsible for it...but come on... why would I pay for swimming pools and things that I am not using nor is anyone related to my property. You have to sign up for these services and be registered and I have no one registered to use these things.

    Uggg so I'm annoyed... anybody else in the same boat? Does anybody know what this community proprietary place has in the way of rights? Is it just like an HOA or is more like a standard bill collector?

    I also saw another post where someone said that they stopped paying their HOA and just let them put a lien and push for foreclosure... would that be faster than waiting for my bank? Would calling my bank and asking them WTF is taking so long help? I hate calling them cause it always takes like 30 mins to get connected to someone who knows what the hell they are talking about.
    BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
    Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

    #2
    Ok well nobody has written back here...

    But, interestingly enough I'm on the phone with my mortgage company and I spoke to someone in their foreclosure law firm place... lol and she said the property has reverted back and the deed has been recorded. But, I have received absolutely nothing... so I'm on the phone with them now trying to find out how I get info that proves its no longer in my name...

    She says I need to submit a request in writing to obtain info??? I'm so confused... I thought that owners were served with foreclosure papers by default? Why do I have request the proof?

    I checked the public records for my condo and it still says my name... anybody have any advice?
    BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
    Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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      #3
      How did you improve your credit scores?

      Comment


        #4
        Well, kind of off topic... but my credit was not blemished before I filed for bankruptcy. I was current on everything. So, I think that helped a little. I have student loans in good standing, a car loan, and I was able to get new credit cards with decent limits 2-3 months after I was discharged. If I buy something I pay them off within 2-3 months. So, they go up a little bit each month it seems.
        BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
        Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

        Comment


          #5
          Stopping paying and hoping they will only go for a lien and foreclosure is a tough gambit.

          There is, generally, nothing to prevent them from also pursuing YOU personally for the dues, PLUS legal costs. If they go this route, they are virtually guaranteed a victory and you will lose more, far more, in legal costs to make this worthwhile.

          We are in the exact same situation in Florida, with a lender, BoA, who refuses to even begin foreclosure proceedings, and a HOA that is costing us a couple hundred per month. We quit paying almost a year and a half ago, bought a new house 7 months ago, and are hoping they will get moving soon.

          Frustrating, isn't it? It would be helpful if there were a legal way to speed things up, but the lenders simply do not want to be pushed into declaring all these bad assets at the same time. That would hasten their demise. It is probably coming anyway, but they are trying to extend this as long as they can.
          11-20-09-- Filed Chapter 7
          12-23-09-- 341 Meeting-Early Christmas Gift?
          3-9-10--Discharged

          Comment


            #6
            Yea it is definately frustrating... but after my phone call I apparently learned that they did in fact already do the foreclosure. The condo reverted back to my mortgage company on 4/5 and the deed was submitted on 4/29. Just waiting for the deed to get recorded now apparently.

            I'm trying to get my mortgage company to send me a copy of the letter of sale.... :/
            BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
            Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

            Comment


              #7
              You should have recieved some type of legal notice in advance. Although the banks are doing many illegal things with foreclosures these days.
              All posts are opinion only- I am not an attorney.

              Comment


                #8
                Well yes, should have and did are two totally different things. I didn't even know the sale date had even been set.
                BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

                Comment

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