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BOA won't forecloseOn rental prop, loan was discharged in Ch 7, can I deed back toBOA

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    BOA won't forecloseOn rental prop, loan was discharged in Ch 7, can I deed back toBOA

    We filed Ch 7 last year (2/11), we are an asset case so we are paying off the Trustee, only 3 payments left. All debts were discharged 6/11 including these 2 loans (1st and 2nd) with BOA for a rental property that they have not foreclosed on. We are getting sewer bills and the sewer company said that our name is still on title post discharge so they are coming after us for these bills.

    My question, can we file a deed of some sort to take our names off the property and put BOA's back on?

    On a side note, BOA is so messed up. We tried 3 years ago to short sale this property but they never allowed it, so in essence we haven't made a payment on this property in 3+ years and they don't do anything about it!

    We are in Missouri.

    Thanks in advance for your input.
    DJ

    #2
    We are in the same boat with BOA. Tried for a year to short sale and right before filing was working with the DIL dept and was about half way through that process. We have a first and second with them on an out of state rental property. We filed 12/13 and had 341 on 1/17, we have not paid HOA fees since filing ($106 month), we were current up to that point. We think we are going to wait and see with the HOA's and see if we can force them to foreclose (the property is in Ohio and we have heard that some HOA's there are getting tough and starting foreclosure). We are hoping that maybe they will actually start the process and actually do it, if nothing else maybe get BOA attention to either pay up the fees to shut them up or maybe move towards foreclosure themselves. Have not paid 1st or 2nd sine June 2011. HOA people starting to get restless.

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      #3
      Just curious--where in MO is the prop?
      Don
      Filed Pro Se on 8/4/11 (No Asset, Chapter 7)
      Redeemed Automobile ProSe (722 Redemption),Discharged on 11/3/11

      Comment


        #4
        Not sure if you can deed it back, but it would make an interesting situation for the banks.

        Comment


          #5
          Why not just pay the sewer bills?
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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            #6
            We are in same situation with BOA too. We have gotten letter from their attorney indicating that they will sue. Also, the house has signs that they will be taking physicial position. I just wish they would hurry up!

            Comment


              #7
              Originally posted by basketsbears View Post
              We are in same situation with BOA too. We have gotten letter from their attorney indicating that they will sue. Also, the house has signs that they will be taking physicial position. I just wish they would hurry up!
              just don't hold your breath, it's been over 4 years for us and the bank hasn't budged. no way a short sale, no DIL..although we had one property that we were able to do a DIL provided, (and the lender did) agree to sign a release contract of no liability that i drew up. that worked out fine, however, our primary property still sits idle with absolutely no moment whatsoever.

              we simply don't care anymore. it can rot forever.
              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

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                #8
                St. Louis City

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                  #9
                  Originally posted by bk2011 View Post
                  We filed Ch 7 last year (2/11), we are an asset case so we are paying off the Trustee, only 3 payments left. All debts were discharged 6/11 including these 2 loans (1st and 2nd) with BOA for a rental property that they have not foreclosed on. We are getting sewer bills and the sewer company said that our name is still on title post discharge so they are coming after us for these bills.

                  My question, can we file a deed of some sort to take our names off the property and put BOA's back on?

                  On a side note, BOA is so messed up. We tried 3 years ago to short sale this property but they never allowed it, so in essence we haven't made a payment on this property in 3+ years and they don't do anything about it!

                  We are in Missouri.

                  Thanks in advance for your input.
                  DJ
                  You should consider renting the property and paying the sewer bill. You can be making a little money while you wait for BOA to figure out what they want to do. Even if the rental is out of state you can use a property manager and still make some money. The rental is an asset so use it to your advantage.
                  Lawyer - $3000
                  Filing fee - $299
                  Fresh Start - Priceless

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