HELP surrending property AFTER Chapter 7 discharge!!

[tobee43]

opps...please read below...thanks!!

[tobee43]

HELP PLEASE!! Trying to Surrender our House AFTER Chaper 7 discharge!

we have rec'd our joint debtors discharge and also the order approving trustees report of no distribution for our chapter 7.

the problem is we surrendered our house and upon attorney's advise, left it over 9 months ago after being served foreclosure papers and our attempt for a loan modification failed. we lived there for over 33 years, but with job lost and illness, we had no choice.

now that we THOUGHT it was over the bank holding the mortgage will NOT take it out of our names...however, continues to maintain the property and has agreed we have NO financial obligation, however, suggest we could still be liable if anything happens on the property. furthermore, the bank, is racking up charges AFTER our surrendering claiming until they foreclose, we would be assuming post bankruptcy charges which they suggest they will come after us for???

my response to them was to immediately LEAVE the premises and have no one step foot further onto the property until this matter is resolved. i suggested a deed in lieu as this is a different circumstance that one that has a 750k mortgage with a house now worth 200k and we are asking the bank to write off the difference....THIS situation differs.....the mortgage debt was discharged...i told the bank you can't have it two ways......

this is a government back loan...i have gone to HUD, i have gone to FHA...i have gone to the bank.....what next??? we only now have a small pension and ss to live on....and the bank says until foreclosure...which they said could take another 3 years...the house stays in our names.

HELP!!!!!!!!

[tobee43]

sorry about this being posted twice...yikes...first it wouldn't go at all and now it's up here two time!

[helpmeout]

They can come after you for any damage done to the house for being vacant. You are also responsible for any Homeowner's Association Fees for as long as the deed is in your name.

Other than that, they can't come after you for the cost of the foreclosure or any deficiency in the sale.

And since the deed is still in your name, you can move back in and live rent free.

I am surrendering my house. I am planning on living here rent free until they remove my name from the deed. At that time, I will not be responsible for any damage done to the house or to anyone who gets hurt on this property.

[tobee43]

thanks so much for your response helpmeout...LOL...u helped me out...

here's the thing tho...we moved over 1600 miles out of state...secured the property and it has been kept up by the bank since that time. (lawn moving, painting etc.).

we HAD to leave since my husband's job lost b4 winter set in as we could no longer afford the heat. after 33 years we became homeless... we couldn't stay there with wind chill factors of -30 below with no way to heat the house.

if you ever told us we would have been in this position at this time in our lives i would have told you, you were nuts. we planned so well for our future...

we have no HOA fees....and i'm in the process to see if they "insured" the house while they have THEIR (the bank's reps) on the premises. our attorney says we will file a motion for creditor misconduct if they do not cease.

the odd part is, in my research ( & we had a "green" attorney...very young and first year in pratice we think!). but got the job done...just forgot to warn us about these types of situations... that, the most they can do is take back the collateral ....which was surrendered already. although i do understand that have the order from the trustees report of no distribution, it does fall back into our laps in some way.

the bank is saying it will take them ANOTHER possible 3 years to foreclose....the government at least 2 reps told us yesterday that our bank...which will remain nameless at this point, along with one other well known bank is also notorious for this behavior and the government is very aware...RIGHT...so then what are THEY doing about it???

we just want to start our new lives..we have lost everything we worked for, for the past 40 years...never late on a bill...no one would help us...with our mortgage company over 25 years...they could have cared less when we went to them for help....the credit cards bcause of the 200k worth of medical bills were never late for the over 20 years we had them...but those banks decided to for no reason whatsoever raised our interest rates from a fixed 5-7% to over 33%...(i.e. a payment that was 60.00 turned into 400.00). and, for no reason!!! we tried to work them all....sorry...just going on and on here...but when will they just leave us alone...what stripping us of everything we worked for is not enough??? putting us on the streets is not enough?? (we r now with relatives on a temp basis).....what more can these banks want????

sorry again about the venting....but yikes!

in this situation it also qualifies as far as i can see as an abuse of government funds as this was an insuranced loan...so why then do the tax payers have to continue to pay for a forclosure procedure on a surrendered property?? talk about an oxy moron????

[tcreegan]

same

Hi tobee43,

No apologies needed for the venting, we were in the same situation. It amazes me the companies that will take a huge loss over negotiating a small profit. GMAC mortgage, a large, national corporation, amazed me by the simple incompetence, one division of the company not knowing what another division is doing, getting different answers depending on who you get on the phone, not allowing access to people who can solve problems, etc. I was selling my "lets make a modification affordable to me and still profitable for you vs you taking a huge loss" pitch and wanted to talk to the investors who actually held my note. A mid-level manager said I couldn't talk to the investors and they didn't care if there was a loss b/c they knew there was a risk of taking a loss when they invested. If I was an investor, I darn sure would like to have a choice between small profit vs large loss!!

Anyhow, my turn to vent......

Now for the real question.......

How can you force a lender to proceed with foreclosure to get you off the deed? The idea of having to continue insurance coverage, or God forbid, continue paying HOA dues/fees for years until the lender gets off their...behind....seems inherently wrong after you surrender a property in the BK.

Anyone have a solution?

Thanks,

Tom in Colo

[tobee43]

tom thanx so much for your response.

well, apparently, once cannot force such a process....so in it's stead i am making it my life's mission to file complaints of misuse of government funds and fraud. i have found two ways to file such complaints....first i have to get file the complaint at the "local" regional" government watchdog office in writing. 2nd we have contacted a government "watchdog" case manager who is attempting to resolve this with the bank....in between her giggling and shouting to other members of the staff during our phone conversations it's been a real blast...o my...also...just a note...the bank we r dealing with is BIGGER than the one you are dealing with...and according to the people we spoke to have many calls a day about this bank.....

sooooooooo while laughing and shouting and playing with other employees while my life is in my hand we have the "new" people that r running this country for us....and these are the people with the jobs...i can't find one...but they sure can.

i simply do not get it!