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18 months after ch 7 discharge, and still no forclosure on house!!

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  • 18 months after ch 7 discharge, and still no forclosure on house!!

    Hi All,

    Just curious if anyone else ahs experienced this. We filed Ch 7 back in March of 2009, was discharged successfully in July 2009. Since then, our house (which was discharged in the BK, no reaffirm), has just been sitting empty. The mortgage company (BofA, was Countrywide), sends us regular monthly "informational statements" showing the balance and current past due amounts, but no attempt to foreclose or even send notice of default. Liiterally, nothing has happened since the discharge 18 months ago!!

    Unfortunately, we moved into a rental right after the BK to avoid the uncertainty of when the foreclosure would happen after the BK. Now it looks likewe could have save 10's of thousands by staying in the house!!

    I'm not willing to move back in now, because they will no doubt start the process right after we move back in!

    Has anyone ever heard of it taking this long to foreclose after BK is discharged? We're in CA, and I know that slows it down a bit, but 18 months and still no sign of anything?

    What gives?!!

  • #2
    It depends where in California too. Stockton takes considerably longer than the SF bay area.
    One thing is for certain. Had been trying to save the house by applying for a mortgage mod, they'd have foreclosed long ago........
    No Asset 7 closed 11/09

    Comment


    • #3
      Originally posted by Chowder View Post
      Had been trying to save the house by applying for a mortgage mod, they'd have foreclosed long ago........
      No thoughts to OP other than that really sucks (that you didn't get a chance to stay and save), but I was curious what this means?

      Comment


      • #4
        Originally posted by jlynn275 View Post
        .....but I was curious what this means?
        Example. In Phoenix there are 3 abandoned houses sitting on the block the bank has not seized yet for 2 years and counting. There's also a 4th house on the block, the borrower has been making trial payments on for 6 to 8 months, desperately wants to save, but has been denied his loan mod and has a looming foreclosure sale date.

        Had the OP wanted to keep the house, it's very likely they'd be in the same situation as the 4th house.
        No Asset 7 closed 11/09

        Comment


        • #5
          Originally posted by bxpete View Post
          Hi All,

          Just curious if anyone else ahs experienced this. We filed Ch 7 back in March of 2009, was discharged successfully in July 2009. Since then, our house (which was discharged in the BK, no reaffirm), has just been sitting empty. The mortgage company (BofA, was Countrywide), sends us regular monthly "informational statements" showing the balance and current past due amounts, but no attempt to foreclose or even send notice of default. Liiterally, nothing has happened since the discharge 18 months ago!!

          Unfortunately, we moved into a rental right after the BK to avoid the uncertainty of when the foreclosure would happen after the BK. Now it looks likewe could have save 10's of thousands by staying in the house!!

          I'm not willing to move back in now, because they will no doubt start the process right after we move back in!

          Has anyone ever heard of it taking this long to foreclose after BK is discharged? We're in CA, and I know that slows it down a bit, but 18 months and still no sign of anything?

          What gives?!!
          our house is in new jersey and it's been almost 3 years and they still haven't foreclosed....

          we really can't understand in our chase since we had an fha and the loan was guaranteed by the government. when i called fha they say chase hasn't even put in a claim since they have to go to sheriffs sale first....get what they can and then get reimburse the difference...

          so we can ONLY conclude, or guess, at this point that we are one of those who no one knows who owns our mortgage....we closed with a broker who assigned the mortgage to chase and then about a 9 months into the loan we got notified that chase now owned the loan.....or so we thought . i have tried almost everything to get them to move...they refuse a deed in lieu....they refuse to complete the foreclosure although we were served with the papers...we did leave and then surrendered the house in the bk....but chase is staying completely still...so we are in the same boat.
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


          • #6
            If my 1st mortgage is underwater and my 2nd is for $80K, can I stop paying the 2nd and not have the mortgage company foreclose on me?
            Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

            Comment


            • #7
              Bxpete

              I am in socal and two neighbors in our cul-de-sac are with B of A and both are over 2 years with no payments made and no foreclosure. One hasn't even received a NOD yet. My in-laws took a year to get foreclosed by Wells and their house has now been sitting on the market for 10 months....empty.

              I am in the middle and with One West Bank and they cant wait to get me out. I am guessing they will have my foreclosure completed by summer. Just cant tell with these banks.

              ST
              Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
              Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
              10/12 EXP. 681

              Comment


              • #8
                Originally posted by screentest View Post
                Bxpete

                I am in socal and two neighbors in our cul-de-sac are with B of A and both are over 2 years with no payments made and no foreclosure. One hasn't even received a NOD yet. My in-laws took a year to get foreclosed by Wells and their house has now been sitting on the market for 10 months....empty.

                I am in the middle and with One West Bank and they cant wait to get me out. I am guessing they will have my foreclosure completed by summer. Just cant tell with these banks.

                ST
                good point screentest...it may be because you're in calif....and i know in new jersey they the banks aren't moving...

                so think about it logically.....calif...nj..... calif.....nj...LOL!!! there's your answer. i'm from san fran born and raised but lived in nj ...i

                honestly, there seems to be no sense to the banks behaviors...odd!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                • #9
                  Originally posted by screentest View Post
                  Bxpete

                  I am in socal and two neighbors in our cul-de-sac are with B of A and both are over 2 years with no payments made and no foreclosure. One hasn't even received a NOD yet. My in-laws took a year to get foreclosed by Wells and their house has now been sitting on the market for 10 months....empty.

                  I am in the middle and with One West Bank and they cant wait to get me out. I am guessing they will have my foreclosure completed by summer. Just cant tell with these banks.

                  ST
                  I am in the same position as screentest only indymac hasn't tried to lift my stay yet. I am hoping I run into the same problem as others that get over a year or more after discharge with no foreclosure. The more time the better. Hey I am a good housesitter, preventing the house from being broken into. In fact if they try to change the locks, I will break into their heads - ahahahahah

                  Comment


                  • #10
                    Thanks all for the replies. I guess it's not that unusual after all. I only wish we had stayed in the house!!

                    Comment


                    • #11
                      Originally posted by bxpete View Post
                      Thanks all for the replies. I guess it's not that unusual after all. I only wish we had stayed in the house!!
                      i hear you...had we known....we still couldn't because the heat and electric was running over $1100 monthly!!!!! that totals ALL my expenses here in florida....we had shut down every room except for 3 rooms...kept the heat at 65 and still it ran 600 for oil and 500 for electric! it was terrible so we had to leave.
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                      Comment


                      • #12
                        Originally posted by bxpete View Post
                        Thanks all for the replies. I guess it's not that unusual after all. I only wish we had stayed in the house!!
                        This is the huge lesson most fail to recognize when they bolt from their homes. Stay as long as possible rent free. I believe anyone anywhere can get at least 2 years rent free living after the mortgage payments are stopped.
                        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                        Comment


                        • #13
                          Does anyone know if the banks are moving in New York? The bank isn't actually in New York, but I am.
                          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                          Comment


                          • #14
                            I live in FL, and we have converted our Ch 13 to a Ch 7. We do not plan on keeping the house. We were into our ch 13 just under a year, and converted to the Ch 7. Our 341 meeting is on 1/6/11. Any ideas how long we might have in the house? We are wanting to save as much as we can, but also don't want to be blind sided.

                            Thanks!

                            Filed Ch 13 - 4/10
                            Converted to Cha 7 - 11/10
                            341 meeting - 1/6/11.
                            Ch 13 0% unsecured Filed 04/10.....Converted to Ch 7 11/10 ....
                            341 meeting 1/6/11.....Letter of No Distribution 1/7/11 .....Discharge....3/11/11

                            Comment


                            • #15
                              floridia is a Judicial state....which means the bank has to follow the process of the courts and their guidelines....

                              you can respond to summons that get served and stall....so it takes a bit depending on how fast your district is working. many of the counties have them listed but i know people in florida that have been in their homes over 2 years and still waiting. that doesn't mean it can be you...i hope it is!!!! but it does take more than a couple of months.
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

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