Staying in a surrendered home after filing

[nioka]

My thanks to all.

Justbroke,

I have seen several videos where homeowners were sent foreclosure notices and told to vacate but then the bank withdrawals with the title still in the homeowners name. Needless to say the homeowners in this situation are getting slammed.

How does ones ensure that a house has actually been transferred from the homeowner?

[justbroke]

I have seen several videos where homeowners were sent foreclosure notices and told to vacate but then the bank withdrawals with the title still in the homeowners name. Needless to say the homeowners in this situation are getting slammed.

I have never seen any foreclosure "notice" that instructs a homeowner to vacate. I have also never seen a (foreclosure notice) video which showed any such notice that instructs a homeowner to Quit/Vacate. The only thing that could force a homeowner to vacate is that a.) they are not the homeowner listed on the title, and b.) a writ executed by the Sheriff (or chief law enforcement officer used by the courts for that specific jurisdiction. Of course, an actual "eviction" notice is different in that it is not the foreclosure itself, but that the new owner (which could be the bank) is demanding that the tenants Quit/Vacate. These are different things.

If the actual foreclosure sale has occurred and there is not a redemption period, then the homeowner is wise to immediately vacate not force a Writ of Eviction.

How does ones ensure that a house has actually been transferred from the homeowner?

You would get an actual copy of the judgment which indicates that a sale is imminent (but even then, it could be delayed). In Florida, it's easy since we can just check our County Recorder's office (Property Tax office).

To your underlying point, I think that many homeowners make knee jerk decisions about vacating the premises even though the foreclosure lawsuit does not even mention anything about vacating.

[Blossoms]

My mother's house has been in foreclosure for well over two years now (we're in Ohio). Given the giant backlog of foreclosures in many states, especially many urban counties, the sheriff is not going to come knocking on anyone's door to put them out, the day they get a foreclosure notice.

[AngelinaCat]

@Nioka, the OP:

I second the motion that JB said, to stay in your house as long as you possibly can. Do as he suggests, and save, save, save, for your eventual move.

'Hub's ex-wife filed BK in September 2012, to get out from under an untenable mortgage she was paying. Well before she filed, she left the place and moved into an apartment complex that she detests. It is a nice place, but there are too many 'busy-bodies' around for her taste. Also too many regulations. Example, she may have two potted plants on her porch, but not three. Also, she told the Management that she had two cats, and one parakeet. Now Management wants her to get rid of one cat. Meanwhile, the neighboring apartment has two yappy dogs.

Ms. J, the ex, would have been better off staying in her place and living in it for basically free for what is now going on two and a half years. She could have been saving her little Social Security money for a small camper, which is what she is looking for. Instead, she has been paying money out that she need not have.

She has just gotten the foreclosure papers this past month. And 'Hub and I had to push for it. But, that is another story...

Just a thought....

[nioka]

Justbroke,

I am not sure of the terminology but in the videos homeowners assumed the notice they received was a legal notice to vacate.
The bank the stopped the proceedings after the HO had vacated leaving the HO responsible for the HOA fees, (and I think taxes). Years later the HO was notified by a collection agency they owed thousand of dollars in HOA costs, etc.
I have also seen videos where the bank or HOA had changed the locks without having possession of the house.

This is why I ask; how does one know with certainty that the home has actually been transferred?

I will try the property tax office as you suggest. I found it. Thanks so much.

Is is safe to say that unless I see a name change at the property tax office I do not need to vacate?

[LadyInTheRed]

It may be the county recorder where you need to go to confirm title has transferred. That may or may not be the same as the tax office. It varies by state.

Banks lock doors after they determine the house has been abandoned by the owner. The owner still has the right to enter the property.

When ownership has transferred and the new owner wants you out, you will receive a "notice to vacate" or "notice to quit" or something similar. People who assume they have to leave earlier than required, are making assumptions out of ignorance. Read any notice you receive. If you are required by law to vacate, the language will clearly say so and give you a deadline to vacate.

[Blossoms]

Ladyinthered is right. No sense in moving until you absolutely have to. Better to stay in the home for now, and save the mortgage payments. Mine and my husband's former landlord is in foreclosure on the house we used to rent, along with the dozen plus other houses he owns. From what I can tell, he was in foreclosure at least 6 months before we moved out. We found out by accident a week after we gave notice that we were moving. I found the info in our county fiscal officer's website. We've been out if the house for going on 5 months now, and from what I've seen online, the house is nowhere near ready to go to sheriff's sale.

[nioka]

Thanks for the posts.

I am committed to staying here until the bitter end because I am in an HOA. After hearing the horrors of HOA's I will make darn sure this house is no longer in my name before I leave.

I just want to be sure I don't get spooked like some other homeowners who were under the impression they must vacate.

Once I receive a "notice to vacate" or "notice to quit" I should be able to confirm the transfer of ownership via the county tax office. Correct?

BTW, I did find the county tax office and was able to look up my address and see my name as the owner.

I did come across one article or video, (can't remember which), where a homeowner was locked out by the bank without the house title being transferred. I homeowner had a locksmith come in and change the locks effectively locking the bank out.

[AngelinaCat]

Don't let anyone intimidate you. Who is your lender? If you said the name, I don't remember it.

'Hub's ex, Ms. J's lender is/was Springleaf Financial (aka American General Finance), and they are mean and sneaky as anyone from Hell can be. Shylock in Shakespeare's play, 'The Merchant of Venice', could NOT be worse!

Shortly after Ms. J filed BK, and Springleaf was notified, she had at least two visits at her apartment, from Springleaf representatives AFTER 8:00 PM, trying to intimidate her to resume making payments. 'Hub and I tried to get her to report this abuse and violation of the BK Automatic Stay, to her attorney. But she didn't want "to cause anymore trouble."

Cause any more trouble? That attorney could have nailed Springleaf and had them for breakfast, lunch and dinner, for the next three weeks. But Ms. J has been somewhat sheltered in her upbringing. She is getting better though.

Her case was Discharged and Closed in December of 2012, and now finally Springleaf is attempting to foreclose. They are also still trying to get her to reaffirm the mortgage.

Her BK attorney is now out of the picture, as her case is closed. So 'Hub and I wrote the letter of response to the civil court for foreclosures.

We will keep you posted.....

[AngelinaCatHub]

This being a long thread, I'm not going to re-plow old ground.

Since my ex was so upset about leaving her place, and so pizzed by the harassment given, I had a scheme to force a fast repo. I went to the tax assessor, who actually never had this happen before in this County; he had to look up the law and form. It's call an "Adverse Possession Affidavit Form".

I sent copies to bk Trustee as well as Springleaf. I do believe this inspired the instant foreclosure suit in which Ms. J, again, is apopleptic. I told her she had to answer the summons for hearing in any case.

This was done timely and to date we have had no further response.

Now here in FL, here is how this works. We are a Homestead state. They cannot take your home away except in a non-payment mortgage suit. This does NOT force you to leave the premises, even if the place gets sold on the Court House Steps.

Then a suit for eviction must be filed. This worked right, could last months. When the Judgement of eviction is won, you still don't need to move until and unless a Writ of Eviction is ordered in which one or many workers can remove your property and place it onto the roadside. This is to be allowed and protected for 24 hours, then you are on your own.

Don't plan on the protection part. I've seen these raided and cleared in ten minutes.

Anyway, this is the short story. 'Hub

[AngelinaCat]

Hi Nioka and Everyone:

Since the original thread, http://www.bkforum.com/showthread.ph...-Before-Filing, turned into a discussion about staying in a surrendered home after filing, I have moved that part of the thread into this new one.

[LadyInTheRed]

Once I receive a "notice to vacate" or "notice to quit" I should be able to confirm the transfer of ownership via the county tax office. Correct?

BTW, I did find the county tax office and was able to look up my address and see my name as the owner.

Make sure you are looking at the records of recorded documents. I don't know how it works in TN. But, in California, we have County Recorders and County Assessoros/Tax Collectors. The County Recorder is the first place the record of change of ownership appears. It sometimes takes months for the new owner to show up at the assessor/tax collector. Find out how it works in your state.

[AngelinaCat]

Make sure you are looking at the records of recorded documents. I don't know how it works in TN. But, in California, we have County Recorders and County Assessoros/Tax Collectors. The County Recorder is the first place the record of change of ownership appears. It sometimes takes months for the new owner to show up at the assessor/tax collector. Find out how it works in your state.

This is the way it works in Florida also.