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Could someone answer a few more foreclosure questions for me?

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    Could someone answer a few more foreclosure questions for me?

    My wife has started asking me a few questions that I don't have the answers to. And of course, now she has me thinking about it and worried.

    1. Currently, the Order of Sale has been issued to the Sheriff. A woman (assuming an appraiser) came by the house last week to take pictures. We will officially file our paperwork (Chapter 13, surrender home) next Monday. My wife is asking if we will owe the difference between what the home goes for at auction and what we owe (with first and second mortgage, we are very upside-down on the home). I have ready many, many of the posts here, and if I understand correctly, we will not be held liable for the shortage as it will be part of the bankruptcy. Am I correct?

    2. What happens when another property tax bill comes due and there is no money in escrow to cover it? I realize it will be my responsibility unless the sale at auction occurs first, correct? If I am liable, should I try and include that amount in the bankruptcy? Can I include an amount that is not actually due yet?

    3. Concerning insurance on the property, how will I know when it is safe to cancel our homeowner's policy?

    4. When we bought the home, there were no appliances. Our rental has no appliances. Are we allowed to take our appliances with us to the rental?

    I think that's all for now. Thanks in advance to anyone who may have some guidance on these issues.

    #2
    All for nothing. Surrender = lender will take care anything....

    Comment


      #3
      On point 4 yes you can take your appliances, you need to move them and your other goods before the sale goes through like I'd move them this week.

      on point 1 you would not be liable for any shortfall.

      Points 2 and 3 I'm not sure .
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        So taking the appliances is not a problem? I really never thought about it?

        Comment


          #5
          Word of Caution,

          If your assets are being sold off - then the appliances are assets - that will be sold at the sale as part of the home........

          When my home was sold at auction, the appliances were sold with the home... and when I bought the home there were no appliances in it!!!!!

          So careful about removing assets, that you are unsure about..... Ask you attorney....
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            Question 2 - you are only responsible for the property tax up to the day you surrender the home, after that the Trustee is responsible for the remainder until the home is sold.

            Question 3 - the day you surrender your home is the day you can cancel your insurnace. The Trustee is obligated to maintain insurance on the property until is is sold.
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment

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