top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Letting House Go -- Qs

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

    Letting House Go -- Qs

    OK, I am confused about this and want to get this straight. We moved to another state before our house in another state sold. Have been living and renting in new state for 2+ years and paying mortgage and 2nd mortgage on old house. Husband became unemployed. Old house has a renter now, but rent does not cover the costs of house. Renters nice, considerate Japanese family, feel literally sick to potentially hurt them by telling them we are foreclosing. OK, here are my questions:

    1. We are now 1 mo+ overdue in Mortgage. We do not have any intention of paying any more for this house, unless maybe a good deal came from Obama to make it affordable. Absent that, we can't afford the house any longer and want to let it go. Am I correct that we include the house in our Ch. 7 bk (filing early Feb) and also include the second mortgage and both will be discharged in the chapter 7?

    2. Does the trustee take ownership of the house after the Ch. 7 filing, and the ownership will pass from the trustee to the back during the subsequent foreclosure?

    3. If the above is true, will the trustee allow our renter to stay in the house prior to and during foreclosure proceedings and also collect the rent payments?

    3. Is the 2nd mortgage discharged during the Ch.7 before the house is foreclosed?

    Thanks much!!
    GoodKarma

    #2
    yes in a chapter 7 no asset case all debt is discharged. The trustee will not take the hosue it will have to go through foreclosure. That can take a long time depending on what state the house is in. I had a house in PA it would take least 265 days for foreclosure.
    Filing bK will slow the foreclosure very little. The mortgage company will file for relief of stay shortly after you file.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      Hey, why not sell it to the nice family who is currently living in it. If they cannot get a new loan, sell it contract for deed. If they fail to make the payments they are not penalized and you are giving up the house anyway. Best to get them to assume the mortgage if they will or can. '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.

      Comment

      bottom Ad Widget

      Collapse
      Working...
      X