dilemma

[pambysue]

Let me apologize in advance for the long post. to recap..i was served with a summons/complaint re foreclosue and had until 11/27 to answer it. I did not answer as I had intended to file chap 7 on dec 8th. I have already left the house and moved into an apartment, however I check in on the house at least 4 or 5 times weekly to clean out more stuff, run water, turn on lights..just to make it look lived in to prevent possible vandalism (although it isnt a dangerous neighborhood..just being safe). I owe more on the house than it is worth (by approx 30,000) including back property taxes. Unfortunately, my friend who was going to front me the money needed to pay off the attorney (about $1000) can't help me and I wont have the needed money until my next paycheck on Jan 10th. My lawyer told me it will probably be another $200 to remove the judgement lien that the mortgage company will file (and may have already).
My question is..if the foreclosure pushes through before I file my bankruptcy, will I still be able to include the house deficiency in my chap 7? I don't want to be arrested for 'abandoning' my house or have my wages garnished because they see it isnt worth what I owe on it. Or when they see that I owe $11000 in back taxes! I just wish I could wake up and have this all over with. I can see it is going to be a very stressful Christmas this year. I have already lost 40 lbs and cant sleep at night. I feel like I am neglecting my 12 year old daughter because I am so wrapped up in my mess!..and i am all she has. If I can just get through the next month & 1/2 I will be ok..it's just GETTING there.
Thankyou all so much for the help you have given me over the past month and for answering all of my naive questions. I know I brought this mess on myself. I just want to start over again. and I NEVER want to own another house (I call it a money pit) again.

[HHM]

I don't want to be arrested for 'abandoning' my house or have my wages garnished because they see it isn't worth what I owe on it. Or when they see that I owe $11000 in back taxes!

As far as I know, it is not a crime to leave your house, so I wouldn't worry about being "arrested".

Assuming your state even allows deficiency judgments on foreclosure (most don't, by the way), yes, you can have it discharged in bankruptcy even after the foreclosure is complete. The back taxes may be bit more tricky. Incidentally, did you ever pay property tax, that seems like a high number? However, I am fairly confident you can discharge past due property tax.

[pambysue]

thanks HHM. I was paying my property taxes until a few years ago when I became single again and it all began to snowball. At that time, I had to come up with 2 years taxes. then, my hot water tank went, my furnace needed extensive repair and I started sinking deeper into the hole. i live in NY state and our taxes are around $4000 yearly, so that amount I now owe is including all the late fees that have been compounding.
someone had told me that when the house is foreclosed, property taxes would have to be paid first out of the sale money and then the mortgage company gets paid, which if it happens in that order, I will be about $30000 deficient on my mortgage.