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3 yrs. later, Wells Fargo bank persueing additional fees on discharged home loan ?

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  • 3 yrs. later, Wells Fargo bank persueing additional fees on discharged home loan ?

    Here's some info for all my fellow Florida neighbors (Sarasota County -Tampa Middle District). After filing for Ch. 7 in 2007 includinging our home & being discharged in 1/2008 my home still sits vacant. The bank filed a Lis Pend in 6/12/2009, it went up for tax sale by county last July where Wachovia/Wells Fargo paid it's outstanding taxes (24,000) & has remained insuring the property. Although as of yet the bank hasn't changed the locks or even looked at the property. Wells continues to send me statements & offers to modify etc. in where the mailings all state they are just exercising they're right to the property. The loan schedule discharged was over 480,000 with an additional second mort. for 50,000 from AM South. We were told by our BK Attorney that we aren't responsible for anything including taxes, liens, & the Home owners Assoc fees. which would have to be paid by the homes new buyer at the foreclosure sale- all would be attached to the sale. Our homeowners assoc. had filed a Motion to Compel the Bank to proceed with the foreclosure. On Jan. 25, 2011 we received a Notice to Dropping Defendants & on Feb. 2, 2011 received a NOTICE of FILING of Original Note & Original Mortgage Just received on Feb. 22, 2011 a NOTICE OF FILING of Executed Affadavit as to Amounts Due and Owing good through January 16, 2011. This is making me NERVOUS! The amounts that are listed are far more then what we were discharged of. We're talking about sums from 3 years ago! They've tallied the amounts including principal, interest, pre-acceleration late charges through 6/3/09, taxes, insurance, bankruptcy fees, but NO HOA fees? Am I going to be responsible for these fees & the excess upwards of 60,000? I recently asked an attorney acquaintance & he too told me not to worry about it. Our original BK Attorney was a night mare & now I'm wondering if she mislead us, or dropped the ball somewhere. Has anyone come across this scenario after they're Chapter 7 or completed foreclosure proceedings. I can't wait for all these lose ends to be complete. We need closure....waiting since Jan. 2008!!!!! Any info, advice or comments are greatly appreciated. I'm happy to offer any back as well.

  • #2
    You have no obligation for anything related to the mortgage. That was discharged in your bk.
    Your lawyer is wrong about the HOA fees. Any fees you owed prior to filing were discharged but, fees after you filed are post petition debt.

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    • #3
      That's discouraging considering the bank has dragged it's feet in proceeding with the foreclosure. What's one to do? Wondering if I can file a counter action of some sort against the bank. HELL, it could be another year or two at this rate! Then I'm to assume that thisn is an ongoing issue for many others like myself that can't get the bank to proceed. Maybe the statue of limitations (if there is any?) could be an advantage? How can a citizen protect themselves from this issue, if the banks holding all the cards.

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      • #4
        Sorry Keepmine, meant to say thanks, but was too busy ranting lol. Thanks

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        • #5
          I know every state/district is different but from my experience the HOA sometimes forecloses on the property before the bank and they then have the ability to rent or sell the property BUT they must pay off the mortgages if they sell. If they fail to make payments while in possession then the bank can foreclose on the HOA. That said, what usually happens is the Bank simply pays the outstanding dues/fines/fees owed to the HOA and in turn the HOA issues a Quick Claim Deed to the bank, giving them possession again.

          IF, and this has happened a few times, but IF the bank forecloses first at the same time the HOA is racking up all kind of delinquent monies and headed towards foreclosure, the HOA has ended up eating the costs.

          Out of the 10 foreclosures in my very small neighborhood and one of them being a CH7/foreclosure and ALL of them having outstanding dues, I have yet to see the HOA go after the former homeowner.

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          • #6
            Once you abandoned the property and then the bank paid the land taxes is an acceptance that they have responded to the fact that they have the house. It is not your fault that they dragged feet for so long, but I am sure you were in a very long line. We are in FL too and the houses around us are dropping like flies. I mean the vacancies.

            Mrs. is running to get a FL general abandonment sticker we have seen on many empty houses. I took one just for this purpose. It says:

            IMPORTANT

            We found this property to be vacant./abandoned.
            This information will be reported to the morgage
            holder. The mortgage holder has the right and duty
            to protect this property. The property will be re-keyed
            and/or winterized within three days. If this property is
            NOT VACANT, please contact Safeguard Properties
            at 800-xxx xxxx

            So I can't say what the law has to say about this, but this sign is all over our County. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            • #7
              It sounds like Wells Fargo is the servicer, and the actual note belongs to someone else's portfolio. Thus they try to charge as many add-on fees as they can, so if the property eventually sells, they get paid off first. If they own the note themselves, it's just pointless. Either way you're in the clear.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

              Comment


              • #8
                Hi all, Hi venciehope,

                From what I have seen posted around here, your situation seems to be standard operating procedure. The thing that seems out of place is the HOA attaching their fees onto the property and not hassling you personally. This is a good thing!

                Sounds like you get ringside seats at a wrestling match between the lender, the HOA, tax assessor, 2nd mortgager, real estate agent, and a handful of lawyers.

                But you can just lean back and enjoy the show! No skin off your nose.

                Tom in Colo
                Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                Comment

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