341 went great, now what happens with house we're surrendering?

[debbie42]

Hi everyone, so happy to report that 341 went great this morning...now I am wondering about what happens with the house?

We surrendered our home in the Ch.7 bk, moved out a few weeks after filing...have H/O ins. paid through Nov.1st and do not plan on renewing. Hubby will cut the grass once a month or so for a while-but how long do we have to take care of it -if we had to be out (according to attny. it's FL law -to be out within 60 days of filing) when is it not our responsibility anymore?
Lawyer advised we should not try to get bank (National City) to sign a deed in lieu or anything of that sort.

We want it out of our names asap. Want to close that chapter and move on. Also have a pool that is not screened nor babygated -property has a woodfence all around that is locked and has 'no trespassing' signs on the gates. What else can/should we be doing to keep it as safe as possible? Power and water are off, cannot drain the pool fully or it can pop out of the ground...scared of the tiny chance someone could get hurt but cannot afford to cover it or anything like that.

Also, anyone have any experience with National City? Wondering how long they take to foreclose?

Thank you so much for any insight you are willing to share!

[Amy26]

You basically just have to sit around and wait. Until the deed is transfered to the bank or another party, the home is still technically yours and you are still responsible for it. I'm surprised your lawyer told you that you have to move out. There are people on this forum that are still living in their homes rent free for 6+ months post discharge.

I am in the same boat as you. My mortgage company filed for a relief from the stay before I was discharged but that is all they have done. As soon as I was discharged they started sending me bills again as if I never declared bankruptcy. I have renters in the home currently, but they are moving out in November. And of course I have to pay the HOA fees until its transfered.

The time it takes to foreclose is based on your states foreclosure laws and how proactive your mortgage company is.

[debbie42]

Thanks for your response. Our lawyer made us sign something saying we would be out within 60 days of file date-said that's the law on Florida. We needed to spend some money in savings we had been saving for the eventual rental house, to keep us under the exemption amount, so we secured a rental home a few days before the file date, also because credit was still decent then. I know I keep reading about these people who stay for months and years even while not paying mortgage...attorney made it sound like if you know you're surrendering it in bk,living there for alogn time after is like fraud/trespassing because you have no intention of paying mortgage ever. It made sense to us -of course having no mortgage or rent would be nice!

[Amy26]

Ah ok... stupid Florida! ;) I also had to get a rental before I filed to keep my expenses at bay. Generally you cannot use a housing expense in your schedules if you aren't keeping it!

I wish you all the best! I hope you won't have to wait as long as the rest of us... I want my house gone too... lol.

[debbie42]

Thanks-wish you the same thing -super speedy foreclosure-how funny is it that this is what we are hoping for??? I think that the housing expenses were included but I am not sure anymore, so many numbers have been in my head all these months-just happy I don't have to worry about that part anymore!

[tanya0525]

My husband and I were just having the same conversation. We had our 341 meeting today and are surrendering our home. We moved into a rental about two months ago (told to do so by our attorney). We stopped paying in November 2008. We have heard nothing from the bank. We contacted them and still nothing. Of course now it will take longer. Here in Washington state, the home owner is responsible for paying the sewer bill intill the home is out of your name.

Tanya

[debbie42]

HI again Tanya We are responsible for water/sewer bill even though the water is shut off they still charge a $20-something dollar monthly fee. I am not so sure we will be paying it - have to pay for water in new house too! I was told if you don't pay water/sewer bill in my city, it's a lien on the house -not a negative on you so to speak...

[tanya0525]

HI again Tanya We are responsible for water/sewer bill even though the water is shut off they still charge a $20-something dollar monthly fee. I am not so sure we will be paying it - have to pay for water in new house too! I was told if you don't pay water/sewer bill in my city, it's a lien on the house -not a negative on you so to speak...

Yeah here, it is $55 a month. I just got a bill for $113 (mail got messed up when we moved). IF they don't receive payement after 60 days, they will put a lien on the house. I am soooo done with that house.

Tanya

[LSUTiger32]

I really don't get this whole thing. I have a home I am surrendering as well. I am not keeping homeowners insurance on a house I intend to no longer keep. I just filed BK for goodness sakes, where do they get the idea that I can pay all of this stuff?

What I don't get is I am no longer responsible for the debt on the house, right? Therefore, why should I care what happens to it? If it burns down, would I become liable for a debt that was IIB?

[Amy26]

I think you have to look at it like you own a property without a loan against it. The deed to the house is still in your name. If someone breaks into it or vandalizes it, etc... you're still responsible for it as you are the owner of record.

[killinstinct]

For what it's worth, my attorney told me not to pay ANYTHING that has to do with my house I surrendered. It probably depends on what state you're in, but where I'm at the most they can do is put a lien on the house, and of course we don't care because we're giving it up!

[eyeowe]

From what I have been told you can claim the expense on your schedules even if you are surrendering the home. Makes sense. You will have to pay somewhere to live. Anyone had anything similiar in GA

[debbie42]

Our attorney also said not to pay anything for it - since we had 60 days to get out from filing date-we paid H/O ins. through that period -as far as I am concerned, if something happens after the 60 days, we have surrendered the house back to the bank and they can deal with it. We made everything as secure as we could, posted No Trespassing signs, etc. If someone breaks in, gets hurt and sues us -we have nothing left they could win from us after filing BK! Trying to just not worry about the old house anymore...

[Amy26]

I wish I could not pay anything for my HOA... but I'm pretty sure if I stopped paying that I would get sue'd... and I do have the means to pay it... so they would probably win. :/ Right now the renters are paying for it but they are moving in November...but not sure how long it will take the bank to get their butts in gear after November.

[Amy26]

From what I have been told you can claim the expense on your schedules even if you are surrendering the home. Makes sense. You will have to pay somewhere to live. Anyone had anything similiar in GA

This is allowed based on district. I was not able to list mine and I had to get a rental to fill the void.