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No Longer going to auction??

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    No Longer going to auction??

    We filed bankruptcy in Feb, discharged in June. We included the house, and after we recieved the first auction date for October, we started looking for a place to live. We moved out in September. a week after we moved, i got notice the auction was moved to the week of thanksgiving. We went to the house, and boarded up a window that was broken by someone who broke in. And we were glad to be done. Then we got a new auction date of Dec 21. This morning I was on the recontrust website, and the house is no longer listed, AT ALL. I searched all the way thru April.
    I had heard that BofA was not going to be doing any more foreclosures, because they had too many from the countrywide mess. However i thought that we would not be included because it was already started.

    There is no insurance on the house, because my insurance company will not insure an empty house. I understand that. But I am nervous.

    Has anyone heard when the auctions will pick up again? What do i need to do to get rid of this property. I did call BofA after we moved and told them the house was empty, but something tells me that is not enough.
    I was thinking of calling my old neighbor and asking if there was auction notice on the house. we moved 65 miles away, so it is not convenient to stop by.

    Anyone have any ideas?
    Melissa
    Ch 7 Filed 2-22
    Discharged 6/2010

    #2
    As far as the insurance goes, I wouldn't worry too much. If anything happened to the house itself you would not be held accountable. It would still go to auction (even as a charred and smoking patch of burnt grass and rubble) and the bank would get what they got and you would be off-the-hook as far as the deficiency goes because you included it in bankruptcy. The chances of someone getting injured while on the property legally and then suing owner of record is slimmer than a hair. You probably have a better chance of getting struck by lighting. Hope this info eases your mind a little.

    You should be able to contact the county recorder's office to get the auction date for the property.
    There are two secrets for success in life:
    1.) Never tell everything you know.

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      #3
      Originally posted by happy2b View Post
      I had heard that BofA was not going to be doing any more foreclosures, because they had too many from the countrywide mess. However i thought that we would not be included because it was already started.
      I believe you are correct here, at least with regard to BofA/Countrywide. I am in FC with them as well. I was given a new court date so far out in the future, I was surprised. While it may be sooner of course, I understand its because BofA feels it will need a lot more time to clear up paperwork that will meet more stringent tests in court. ...and it will not hold sheriffs sales as well, until they are ready.

      Comment


        #4
        Originally posted by ryan View Post
        I believe you are correct here, at least with regard to BofA/Countrywide. I am in FC with them as well. I was given a new court date so far out in the future, I was surprised. While it may be sooner of course, I understand its because BofA feels it will need a lot more time to clear up paperwork that will meet more stringent tests in court. ...and it will not hold sheriffs sales as well, until they are ready.
        have to say, with this news, i am kind of regretting moving out of the house. We are barely making it where we are at now, and it would have been nice to not have to worry about rent right now. I just wish this would end. I hate that the house is sitting empty. Hubby went to the house after work yesterday, and he said it doesnt look like anything or anyone has been in the house, since the break in. I was just so looking forward to this ending, and closing that chapter of my life.
        Melissa
        Ch 7 Filed 2-22
        Discharged 6/2010

        Comment


          #5
          All I can say is to be patient...our original sale date with BofA was March 24, 2010. We were rescheduled four times before the sale was cancelled, which restarted the clock for publications since house is in Illinois which is a judicial state. Finally got a date scheduled for September 15, which was again rescheduled twice until it was once again cancelled when all this mess with postponing foreclosures started in October. We are now officially off the calendar and I have no idea when we'll be rescheduled to this time...probably March 2011!!

          Oh, and when we moved out in June 2009, I sent BofA a certified letter telling them the house was vacant and to please take possession so the property could be secured (as we moved over 1,000 miles away.) Each and every time I called them to check on the status of our sale after March of this year, I was asked if the house was occupied. I have told them over and over and over again that the house is vacant and each and every call, they said they were unaware the house was vacant. So yeah, just because you told them it's vacant doesn't mean squat. They are complete idiots. We finally got a notice in the mail about a month ago saying "we have recently been informed that your home may be vacant..." (in regards to homeowner's insurance on the house)...DUH, you think!?!??!? I've been telling you that for MONTHS!!!!!!!!!!!!!!!!

          It's very frustrating as we too were discharged in a Ch. 7 back in Feb 2008, no reaffirmation, and have moved out of state and just want to move on. I wouldn't care so much about the delays if our old home wasn't in a planned community with monthly association dues, which I have been paying since we moved out in June 2009! Oh, and having to keep the grass cut/lawn maintained too, from 1,000 miles away. Good times, good times.

          I came across an article yesterday that said they were beginning to restart FCs on some vacant homes...can't locate the exact article now but this is similar: http://www.mybanktracker.com/bank-ne...-foreclosures/. The article yesterday said the restarts were in Texas, Florida and Arizona with the majority being in Florida.

          Best of luck to you - hang in there. It's a LOOOOOOOOOONG road.

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