Surrendered home, moved out, now what with BofA?

[oscar]

We surrendered home in BK that was discharged 1/31/11. Our lawyer had advised us to move out before the 341 hearing, as we'd have trouble leasing once the BK appeared on our credit report and that the 341 will likely go smoother with trustee if we are out at time of hearing-so we did-we've been out of house since 10/2010. Nothing's happened with the house: the title is still in our names, no letters from anyone, etc. We thought that once we surrendered, that we'd no longer be the owners as of the date of discharge. That's what our attorney told us, even when I called him a few weeks ago to run this by him again-he said there's nothing we can do but wait, that someday the bank will take title, it could be 2 years, etc. Now I'm wondering if we made mistake moving out, and wondering if we should move back in (but not pay the mortage)?? He says we're not liable for anything related to the property as of discharge date, but am beginning to wonder about that, too.

Any advise would be appreciated. We're in Florida.

Oscar

[mickinfish]

If you are with BOA, be prepared to wait awhile. I moved 1 year ago, am paying a neighbor to mow the grass, and was told by the BK Department of BOA that they are in no hurry to foreclose..
Good Luck with your situation.

[AngelinaCatHub]

I may be wrong, but I believe FL has changed the law a bit. To date, I have seen stick-ons the doors of empty houses stating this: (don't hold me verbatim) Attention, this house appears to be abandoned. You have three days to call 1-800 xxx xxxx to inform occupancy. If you do not call, X company has been hired to change locks, secure, maintain, and INSURE, this location.

I am going by conjecture at this time as I have not verified this. I note, every empty house we have seen and that is a BIG bunch here in Putnam County, has this sticker on them. 'Hub

[AngelinaCatHub]

Here is a good site I just found. http://www.foreclosurefish.com/blog/index.php?id=255

It is general conversation and I still can't tell you if FL has changed any laws. The stickers seem to imply that the banks have taken ownership/responsibility. 'Hub

[mrbuilder113]

Hi Yall Im new to this site but have some valuable imput for homeowners in bk and foreclosure,I recently found out that bank of america does not own my loan that fannie mae does or FNMA and from what I gather that will be an issue in the true identity of the party in interest in order for them to secure true creditor status when i file chapter 7
Bank of america filed a NOD notice of default over 15 months ago and Im not leaving unless I am served with an unlawful detainer I have not made a mortgage payment in over 2 years and dont intend to untill someone in writing tells me who is entitled to it Also remember One has to prove they one it not just by saying it belongs to them proof of claim is what they have to show another thing is if you leave they can protect thir interest because one has abandoned the property
Hope I was helpfull