BK discharged 1/11-surrendered house-title still in our name-move back in?

[oscar]

Greetings,

We filed BK in Oct 2010-lawyer advised us to move out of house before 341 hearing-we did-end of Oct. 341 hearing Nov-10-surrendered house-trustee asked if we were out-yes. BK discharged Jan'11.

As of today: title still in our names: house vacant. No foreclosure notices from bank of america yet-did get 1 letter months ago from their law firm in June notifying us they were BoAmer's law firm handling foreclosures, that's it. Bank still showing our mortgage on our monthly statements. Did get letter from BofA telling us we needed to insure home or they will take out insurance and add to our mortgage.

We are seriously considering moving back in until something happens...any advice?

Is there any way for us to find out where in the process this house is in any forclosure effort? We just don't want to wake up one day and find we have 24 hours to vacate-or get locked out--can that happen?

We have also been approached by a real estate agent interested in listing house for a short sale-says owner would rent to us...can we tell her to go ahead?

We are confused: who owns this house? Our BK lawyer only explained that house would be owned by trustee day that 341 hearing is complete--obviously left out some info!

Any info, advice would be appreciated.

Oscar

p.s. wasn't quite sure which forum to put this in-if you think I should move it, let me know!

[HHM]

That was very poor advice from the attorney, and to be candid, the attorney is just plain wrong, I just hope there were no other issues with your BK.

You don't actually "surrender" the house in BK. You merely state an intention to do so. Then state law takes over and the bank forecloses, at some point.

I don't know, specifically, how foreclosures are handled in FL, so as for the process, someone else can answer, but yes, there should be a way to check. I think FL is judicial foreclosure, so you would check the docket of the court in which the house is located.

Unless moving would only be a minor hassle, I don't think I would recommend upsetting your life to move back in KNOWING you will need to move at some point. But, by the same token, foreclosure, as I have heard, can take up to 2 years in FL.

[justbroke]

Florida is a judicial foreclosure State. If you go to your County's Clerk of the District Court website, you'll see two online searches. One is for Official Records and the other for Court Records. The Official Records will has a "lis pendens" there against you if you search by your name and the Court Records would have a "foreclosure lawsuit" filed. That's if the foreclosure process has moved to the lawsuit phase.

In either case, you would get official paperwork served upon you if the lender had your current address.

[despritfreya]

Unless the Trustee wanted you out of the home so that he could market and sell it. . . not likely. . . I have to agree with HHM. You can reside in the home until the lender completes the foreclosure process and, even then, you can try for "cash for keys". I tell my clients to milk it for all it is worth and then move on. Some decide to move sooner rather than later. Just remember, if there is an HOA, you must pay all dues/fees/assessments that come due from the day you filed bk until the day the property's title changes hands.

Des.

[oscar]

Thanks. Yeah, I am realizing that advice was not good-I recall him saying "go rent" now before all this hits your credit report as after that we may find it hard to rent...

[oscar]

Thanks. I'll check out that website. Yes, lender has our current address. Any idea how long, after one gets official paperwork, before we'd have to be out?

[oscar]

Des,

Thanks for your reply. Agree with you & HHM-already decided to find another attorney if we need any further help. Crap! I'm leaning toward moving back in, just trying to figure out how much time we might have at this point.

Oscar