Abandonment?!?

[wonkettegirl]

I have filed a chapter 7 and I intend to give back my upside-down home. The mortgage holder (first and second mortgages) has filed a motion to lift the stay and begin foreclosure proceedings. I expected that. What I didn't expect is their claim that i have "abandoned" the home. In WI, if a home is abandoned, the foreclosure/resale process is speeded up considerably. But I still live there, even though on the advice of my atty I haven't paid my mortgage since Oct.

I don't intend to fight the foreclosure in the end, but I haven't abandoned the property in any real sense of the word - I still live there with my children and we have nowhere to go right now. I had hoped to have a few months to get my affairs in order and find new housing.

Is there a way to say that I haven't abandoned, but that I do intend to ultimately give up the property?

[ready2puke]

How about showing any utility bills ie: phone, water, elect..? If youve abandoned the property you wouldnt have any current bills would you? Just a thought..otherwise take a picture of you in the home with a newspaper close up with the date....lol you know to show you still live there on that date..lol...just kidding on that one, but not on the bills. Wishing you lots of luck...

[CompTweaker]

Did you hire an attorney to file? If so, tell him whats going on and he can help.

[wonkettegirl]

Thanks, guys. My lawyer assured me that "abandonment" in this case doesn't mean "abandonment" in the usual sense. It means, basically, that the mortgage holder is asking the bankruptcy attorney to abandon that portion of the bankruptcy estate and let the foreclosure proceedings go forward. I don't have to do anything but let the foreclosure go ahead in state court. If they try to argue actual abandonment in state court, I would answer and deny that.