Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

How To Walk Away From House

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • How To Walk Away From House

    Thanks all for the help in the past. Our CH7 was closed and we did not reaffirm. I have searched and read the forums but am still a bit unclear as to how to walk away from our house.

    - We decided to move to an apartment this June
    - We stopped paying the mortgage last month and will be banking that money for the move.
    - Our insurance and taxes are prepaid for 6 months.
    - My wife wants to call the mortgage company and tell them we will not be paying and will move in 5 months.
    - I prefer the stall technique?

    Some Questions:

    1-Will Indy Mac call us and ask why we are not paying? If they do, do we just tell them we are not going to pay and will be leaving in June? Will this accelerate the foreclosure process?
    2-Do we string them along with excuses for our nonpayment and promise to try and catch up? Maybe ask for a modification as a stall tactic.
    3-Will we just sooner or later get paperwork notifying us of a foreclosure?
    4-When I do choose to leave should I call Indy Mac and tell them the keys are on the counter and they should turn on the electric so the sump pump keeps the basement dry?

    Wait for foreclosure notice?
    Will Sheriff be at door before we receive foreclosure notices?
    Do I even tell the mortgage company I am gone?
    Turn off all utilities?
    When do I cancel homeowners insurance?
    Notify the Sheriff that the house is now vacant?
    Mail the mortgage company the keys?

    I guess I am looking for some type of checklist or outline as how to physically leave the home in a secure manner and get on with life. I apologize for the disjointed way to elicit information but I am a bit disjointed at the moment!

    Thanks.

    Al...

  • #2
    Al
    Do not be stressed, your bankruptcy is over and discharged. You decide to walk away by not paying your mortgage. No need to tell the bank anything. Just enjoy the free rent until they go thru the process of forclosure in your state. We are in same boat as you we are walking away from a upside down mortgage. Our mortgage company took about 18mos to start and still not finished , We intend to stay in our house and get free rent until it is out of our name shortly after the sale. You have legal rights to stay in your home until then. The process server will bring the legal papers eventually , it takes time, Once the house is out of your name is the time to move and of course turn off everything. Maybe your attorney could tell you how long forclosures take in your state. But it just depends.
    chpt 7 ,5-2009

    Comment


    • #3
      ditto on way floridagail has stated.

      how fast this is going to go will be determined on whether you live in a judicial and non- judicial state. the process is quicker in those states that do not have to go through the court systems to remove you from the house.

      either way you'll know by the notices you begin to receive and they will have deadline dates for you. we called our atty when we were served with the first NOD (which chase never carried through on anyway)...but it gave us 30 days to answer and fight it or leave, we left. although in that state; and it's been 5 years now, that property is still NOT foreclosed on, is a judicial state and must go through the system prior to the process. could we have stayed all these years?, yes...and those are the stories you hear about people in their homes for years prior to the foreclosing actually happening.

      we had been working on a loan mod over 18 months when we got served. our atty said just lock it and leave it. but i wrote the loan officer an email to let him know we were securing the house (it was also on the market at the time we left). it just made me feel better, but didn't mean anything.

      i would stay as long as you can to save as much money for your move. we actually secured a place within a week in another state. packed up after over 30 years and left.

      we planned, so i called all the utility companies of the date to turn everything off. we even winterized the place since the wind chill factors hit -30 many winters. we left the keys on the kitchen table since the realtor had one. we took numerous pictures of every room to show we left it in PERFECT condition on that day. we also put so many keep out, NO trespassing signs all over the property....enter at your own risk etc. in that state our homeowners will not cover a non owner occupied premise so the bank immediately (we later found out put the house on their umbrella policy).

      do not call the bank, the sheriff or anyone else. actually we told each neighbor we spoke too, since the for sale sign was still up, that we hadn't sold but were moving and we told each one of them a different state. we left no forwarding addresses, no phone numbers not a trace. the reason we did this was we were moving to another state and needed to establish a min residency to get a wild card exemption so we literary went "underground" for those two years and didn't get a one collection call, a piece of mail, nothing....of course after we filed two years later everyone knew where we were since it was on the petition, but it was too late for any suits or legal action. (we still had an ap or two on our corp, but that's a different story, which we won).

      the bottom line, is, it's what and how you want to handle the situation. best of luck moving forward! it was the BEST decision we ever made.
      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


      • #4
        STAY as long as you can and keep saving cash.
        However... learn from those on the board who have posted... once the property is turned over, make sure you take EVERYTHING out.
        Leave so much as an old sock around, and you may have an eviction on your account.

        Keep On Smilin'

        Comment


        • #5
          we left the hot tub!!! oh and the pool and the ponds LOL!

          also, good point, that's why it's so important to take the pictures. we did of a nice cleared out CLeAN house. nothing in it at all. i just clarify that it was the kitchen counter we left the key and not the table...we sold everything we needed the money for the move plus had no place to put all the things from a 10 house!
          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
            Also, just want to point out that by staying you also are doing the bank a favor.
            And, if you stay long enough, you may be able to work out a cash for keys deal.
            If you are in a judicial state, just think about how much cash you can save over the next... oh, possibly as much as three years.

            Keep On Smilin'

            Comment


            • #7
              Originally posted by keepsmiling View Post
              Also, just want to point out that by staying you also are doing the bank a favor.
              And, if you stay long enough, you may be able to work out a cash for keys deal.
              If you are in a judicial state, just think about how much cash you can save over the next... oh, possibly as much as three years.
              another excellent point. and, had it not cost so much for the electric and oil bills, we may have done that. however, just those two bills pays every living expense where we live now, so it made no good sense to stay. i think one needs to think it out completely to see what fits their needs and where they may come out whole.

              now, had be stayed these past 5 years we would have had a good amount of money, but it wouldn't have done us much good, as we most likely would have froze to death! LOL!
              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


              • #8
                Definately take everything when you finally leave. If you move out the bank could change the locks. So stay put and you will be fine. Do not be surprized if someone drives by your place. My bank BOA had someone drive by every month to see if we were still there. I never saw them but I saw the bill on my forclosure paperwork 15.00 a visit.
                My nice neighbors let their house go, they decided to help the bank out, so they moved out and put house up for shortsale. Dumb mistake. The house sold and b4 the closing they discovered their garage items were taken and the people moved in b4 closing. The bank refused to make the new owners give back the stuff. The bank said since they had no PMI , it is not their problem. They lost a brand new REF and Microwave.
                chpt 7 ,5-2009

                Comment


                • #9
                  keepsmiling,

                  We will be moving into an apartment and were planning on leaving the appliances and some furniture. (no garbage or messes) Could you go into more detail on how and why they would start an eviction when nobody lives there? Spite? I guess I could sell stuff or put it out to the street for the garbage.

                  Al...

                  Comment


                  • #10
                    Do not leave furniture! I guess appliances would depend on if they were built in or not. Why not try to sell whatever you were thinking of leaving, or even freecycle it.
                    Someone recently reported that they had evacuated long before, yet were still served with eviction notice and had to go to a hearing because they left a few things behind.
                    Tried to find the post earlier but no luck.
                    Better to be safe than sorry.

                    Keep On Smilin'

                    Comment


                    • #11
                      yes we donated everything out....including our trees ( a GREAT way to get a tax deduction since remember next year no property tax or mortgage insurance deduction!)

                      we found state and local county charities to give everything too. when we filed our bk, the donations where so large but all receipts came from the state or county and we attached them to our bk petition. the following year was the largest tax return refund we ever had! also since the trustee knew and understood we left our home of 30 years and were basically homeless at the time we filed there was not a questioned asked.
                      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
                        I think it is a individual case basis, If the realtor for the new owner goes to the house and thinks you are coming back for your stuff , they could do a eviction. However my sisters both bought 2 shortsales and both house were full of belongings left behind and no eviction taped to door , only forclosure notice on door.
                        chpt 7 ,5-2009

                        Comment


                        • #13
                          Originally posted by Floridagail View Post
                          I think it is a individual case basis, If the realtor for the new owner goes to the house and thinks you are coming back for your stuff , they could do a eviction. However my sisters both bought 2 shortsales and both house were full of belongings left behind and no eviction taped to door , only forclosure notice on door.

                          yes, we see much more of that here in florida...in our sub division as well, we don't have many evictions, but i think that's because cash for keys and all that has been seen more here and maybe az than other places. i just guessing, but again, the few houses we looked at before we purchased this one had furniture and boxes etc. one had a fully stocked bar!! LOL!!!
                          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


                          • #14
                            I called the bak's lawyer to tell them we were leaving the house. They didn't even care. We took or sold what wasn't nailed down too! I would've loved to been a fly on the wall when whoever bought it at sheriff sale walked thru the first time!

                            Comment


                            • #15
                              Thank You All!! My Wife and I have cried many nights and you always seem to pull us out of the blues and help us into our big people pants. We will be staying as long as possible. We are already consolidating our belongings and putting them in storage. (Mom & Dad have a basement and live 5 miles away!) We know what we are taking and will either sell or donate the remainder. Mo save the hassle. Maybe I can locate a company that will buy the total belongings left in the house and haul it away saving us the hassle.

                              I don't know who said it, but time does heel all wounds. One thing I especially learned is not to over-think the process and make up possible scenarios in my head that just keep rerunning like a bad dream. Also, I am an alcoholic and I plead with any alcoholics going through the BK process---Call someone before you pick up a drink. Hell, contact me!. The feeling of making it through this BK process sober is indescribable

                              Thank you all for your help.

                              Al...

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X