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Foreclosure sale didn't happen, now what?

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    Foreclosure sale didn't happen, now what?

    I was told to expect this...

    We received our discharge 08/2012 and surrendered our house in the bankruptcy. We have not lived in the house since 07/2012 and have had someone staying there keeping the place up and keep an eye on a few of our belongings that we did leave there. We received notice of the foreclosure and the foreclosure sale date rather quickly after the discharge and the house was slated to be sold on December 18th. Since we have an FHA loan, I guess I just assumed we wouldn't have an issue getting it GONE that day since it was my understanding that the bank takes the house back, then gives it to HUD. My understanding of all of this is very limited, so pardon me if I'm wrong or have some facts confused.

    What I do NOT have confused is that the house did not sell on December 18th. We actually got a call from our insurance agent (who is aware of the situation) letting us know that the deed was still in our names and she's keeping our policy on the house active because Wells Fargo DID pay the renewal in November '12. I called my friend, a title/escrow agent, to see if she could find any information. She said the house definitely didn't sell but that she cannot find ANY information on the place at all. No rescheduled sale date, no foreclosure status, nothing. She even called the company and the house had all but disappeared from their records, apparently.

    What the heck is going on?! This process is arguably more frustrating and saddening than the entire BK process, and that was really rough on me. I just want to be DONE So what do we do now? Wells Fargo communication has been practically nonexistent, and while we have a name for the person supposedly handling the foreclosure, we have no phone number or real contact information? I have no clue what we need to do, but I'd like to know what's going on. Is this common?

    The other thing is we're now wondering if we should take some sort of action, like maybe try and sell the place or do a DIL? I don't even know if we could do that at this point...

    #2
    This is very common. There is no way to force a lender to foreclose upon a home; foreclosure is their option. They can let it sit there until the cows come home (literally). The lender could either be hedging a bet, hoping it appreciates some, trying to avoid upkeep (maintenance and HOA dues), and/or just doesn't care.

    You could approach for a DIL, but banks typically want the home to be listed for at least 90 days with no bites. They would typically entertain short-sales as well in that 90 days. Even at that point, it is not guaranteed that they'll take the property, especially if there are other liens.
    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.

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