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surrendered house in chapter 13 why won't they foreclose?

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    surrendered house in chapter 13 why won't they foreclose?

    Filed chapter 13 in November and surrendered house. The papers said "upon confirmation the stay is lifted" they could of foreclosed on January 29. The stay was lifted January 14th. Bank postponed to the next month and then pulled out of foreclosure. I had to tell them what the papers stated ( they have lawyers?). I then informed them that we where done with our chapter 13 ( only 8 months in) and they said it was to early and they had a claim. I told her they filed a secured claim and it was surrendered. HOW can I get them to foreclose w/out starting it all over?

    We just want the house out of our name. We haven't lived there since July of last year. They rejected 2 offers after we had moved out in which sent us into Chapter 13.
    Has anyone had this happen to them? We would like to buy a house in 2 years if we can so we need this done.

    #2
    Don't try to use logic when wondering why they won't foreclosure. The bank actually has no obligation to foreclosure upon a property at all. You can't force them and you can't reason with them. They will foreclosure upon the property when they decide to. I know that it's frustrating, but the only way to really get it out of your name is to put it up for sale!

    Yes, that's right... have an agent list it as a short sale. If you're lucky, the short sale will go through. If not, just wait 90 days with it on the market, then ask the bank for a deed in lieu of foreclosure.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      Don't try to use logic when wondering why they won't foreclosure. The bank actually has no obligation to foreclosure upon a property at all. You can't force them and you can't reason with them. They will foreclosure upon the property when they decide to. I know that it's frustrating, but the only way to really get it out of your name is to put it up for sale!

      Yes, that's right... have an agent list it as a short sale. If you're lucky, the short sale will go through. If not, just wait 90 days with it on the market, then ask the bank for a deed in lieu of foreclosure.
      Now that is an ingenious idea. Perhaps with so many houses in default, they may luck out and get a free one. The houses around us are dropping like flies in a Black Flag cloud. Empties all over the place, yet you don't hear of this in our news. Many are not being kept up and in several months you can see break in and destruction. The best bet the banks could have is let the debtor stay as long as they could.

      My question is where are all the people staying who once had their own home? Anyone? 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        Originally posted by AngelinaCatHub View Post
        Now that is an ingenious idea. Perhaps with so many houses in default, they may luck out and get a free one. The houses around us are dropping like flies in a Black Flag cloud. Empties all over the place, yet you don't hear of this in our news. Many are not being kept up and in several months you can see break in and destruction. The best bet the banks could have is let the debtor stay as long as they could.

        My question is where are all the people staying who once had their own home? Anyone? 'Hub
        First, I think that's what the banks, at least the big ones, are doing. They simply don't want the enormous maintenance headaches, risks and liability that goes with all these vacant houses. ...so debtors get to stay.

        As to where do people go once they leave the FC house....they must either rent or move in with relatives...what other options are there?

        Comment

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