In Chapter 13 2 years, house still on tax rolls

[paula61]

We filed Chapter 13 in August 2005 mainly because we did not want to keep the house and was in arrears. The mortgage company received a lift from the automatic stay in 2005, however we are still listed as the owners on the tax role. The court system in New York State lists the foreclosure as disposed as of March 2006 but my son says the house is still vacant. Our mortgage balance was 78,000 but the house was only worth 37,000 so way upside down. Why would the foreclosure not have gone through? If the foreclosure had gone through, would we still be listed as the owners on the tax rolls?
Paula 61 in AZ

[lrprn]

Paula, was the house ever put up for auction? Or is the mortgage company just letting the house sit there?

[paula61]

In Chapter 13 2 years, house still on tax rolls

I am getting the impression they are letting the house sit. Not sure why, but it was a bad real estate market in the area where we owned and selling it would have been difficult. If they let it sit, what happens at the end of the Chapter 13? At this point, do we still legally own it if they haven't foreclosed?

[SinkingFast]

New York is primarily a Judicial Foreclosure State. While there is "Right to Sale" available, it's hardly ever used. Most Foreclosures in NY go thru the Courts.

http://www.foreclosures.com/www/page...2.asp?state=NY

Possibly the Lender has moved thru the Court process. That could be the posting you found. The Court process was completed in March, 2006.

From there, the Lender has to advertise the property for Sale and complete the Auction. Could be the Lender is just letting the house sit.

Did your mortgage lender file a Claim in your Ch 13 Plan?? Have you checked your Plan to see who's being paid how much by your Trustee??

You can check on payments and disbursements at the Ch 13 Data Center:
https://www.13datacenter.com/index.asp

[lrprn]

I am getting the impression they are letting the house sit. Not sure why, but it was a bad real estate market in the area where we owned and selling it would have been difficult. If they let it sit, what happens at the end of the Chapter 13? At this point, do we still legally own it if they haven't foreclosed?

If your mortgage company lifted the stay in 2005 but have never put the house up for auction, then you may still be considered the legal owners. Contact your Ch 13 lawyer immediately and ask him/her to investigate why you are still listed on the tax rolls as the owners and what the possible implications are for you regarding the taxes that have accrued after you filed.