A Bill? WTF?

[Amy26]

Ok, so bankruptcy is done... My mortgage company had filed for a relief from the stay... we did not object to them getting the relief... fabulous...lets proceed and get me the heck outta my house!

So, I got an email from my online mail service saying HEY! Your mortgage company sent you a letter! I'm like awesome, I hope they want to proceed.

I have them scan the piece of mail... the next day I open it up and guess what... its just a normal bill... It says I owe them like 8,000 dollars but its just a normal regular bill. I even missed a collection phone call from them.

Do these people not get the drift that I do not want my house? They should know I'm surrendering it right? Or is it just normal procedure for them to try to make an effort to collect one last time before they start the foreclosure?

My renters aren't moving out till November 14th... so, I guess this buys them the time that they need...but my goodness.

Should I call them and ask what's up or just sit around waiting it out?

[Ifonly]

I think they're purposely keeping these toxic assets on their books as long as they can. I checked off the surrender box on my house, haven't made a 2nd mortgage payment since last August, '08, haven't made a 1st since February, '09 and the dimwits at BofA actually filed an objection to my plan stating that the plan payments didn't include enough $ for me to catch up the payments on the 1st mortgage (did they forget they also hold the 2nd or maybe that department actually read the surrender box?) Even my lawyer was baffled. He then had to file a motion to dismiss their objection basically saying in legal speak "hey, dummies, she's surrendering the asset - why would the plan include past due payments?" They send me statements every month and STILL haven't filed a relief from stay. If I had known that this would drag on as long as it did, I would have lived there rent-free. Oh well, I feel more settled knowing we found a rental but still...ARGH! So, I don't think your situation is that unusual.

[Amy26]

Ah... I see we are in the same boat. Its wierd though cause my mortgage company did file a motion for a relief from the stay. I guess they just wanted to be allowed to start sending me bills again... lol.

Do you know if the mortgages are supposed to still be showing up on our credit reports as normal delinquent accounts? Both my first and second are still showing up as normal just like really behind.

[justplaintired]

Our 2nd showed up as bk and closed within a few days of being discharged. Until you are discharged it will continue to be open. Our 1st still appears as open and current. Actually it looks great on our credit report! LOL But ofcourse once I send them the discharge and order of no assets papers, that will disappear. It was so strange looking at our credit report. We have nothing, only 1st and soon it will be gone. Other then that we have that open Kohls acct which I am sure they will close. Which means we have nothing in debt, very weird.

[Amy26]

Interesting... I am discharged! So I suppose I could be able to dispute the mortgages still being there even though they haven't foreclosed yet. I'll give it a bit of time to see if my credit union gets their act together but they were total asshats about my situation all along, so I imagine getting them to report it correctly will take me going to the bureaus and having them do it.

[bulletproof77]

here we go again with BofA......

Same story here, 1st and second discharged 07/09, no payments made since 12/08. Checked "Yes, I surrender" box in BK. Call repeatedly to get them to take possession. All I hear is "You can't make us foreclose"...and yes, thats what they REALLY said. No relief of stay filed, no NOD, no nothing. If they don't care about it, why should I ? Personally, I don't think they have a clue how to deal with all the foreclosures in California...Remember when all of you heard that old saying people USED to say that "If you miss a mortgage payment the bank will take your house"......Not here in California anyway. I can't GIVE this damn thing away.....

[Amy26]

So annoying... you would think it would behoove them to get the property back in their name so they could recoup some of their losses.... so annoying.

The good news is I checked my credit again today and the mortgages were removed from my report... at least on equifax.

[bulletproof77]

Finally, it's going to happen.

Talked to BofA today. Turns out they said my "intent to accelerate" note that I received in March IS my NOD...House goes up for auction 10/01/09....Finally, goodbye "McMansion", goodbye pool maintenance and GOODBYE to ridiculous over-priced Southern California real estate..That ball and chain around my neck is lifting ever so slightly. Never again will I choose to be "house poor"..nor will I ever play the equity game. FYI, someone knowledgeable at Bank of America actually answered the phone (loss mitigation department) and advised that they have hired adequate staff and are now moving forward and processing all the back log of foreclosures.

[UpToMyNeck]

The last time we paid was April '09 and for months in a row we got "Intent to accelerate" notice but then last month, on the 10th, we got a letter from an attorney that BofA had retained to start foreclosure. I haven't heard anything since and I'm wondering what's next. I retained an attorney today and hope to file next month but would like to stay in the house as long as possible to save. We are mainly filing to get out from under the house.

[slam22]

We were discharged in September of 2008 and have not made a mortgage payment on either our 1st or 2nd (Both with CW/Bank of America) since March 2008 and have not heard a peep from them. No NOD has been filed with San Diego county. B of A has even been paying the property taxes for over a year now. We are still in the house and just throwing all the cash on to the pile. I can telecommute with my job and we are planning on moving to Tucson when we finally have to move out of our house. As of right now we will be able to put 50% down on a new home over there. We feel extremely lucky.

[Amy26]

I got a hillarious phone call from my 1st mortgage company yesterday while I was at Ford. I answered the phone and the guy was like "hi, this is Acacia federal savings bank calling about your mortgage"... I said "yes?" and he said "Yes were just calling, wait a second... hold on a minute.." I then hear him clicking some mouse buttons and was silent while he read something on the screen and then he says "Oh, I'm sorry I'm not supposed to be calling you about this am I?" And I said... "Nope." He then said, "My apologies, thanks bye".

I laughed my butt off....it was a call basically to say "HEY YOU, you haven't paid your bill and you owe us 8,000 when are you paying???" But, I assume he realized I had just been discharged am I'm waiting for them to get off their keesters and stop trying to collect money from me and just collect the keys .... grrrr....

[bulletproof77]

Just so you all know....BofA is calling the "notice of intent to accelerate" a NOD. Mine is scheduled for auction, however nothing still shows up on the county website. According to them they plan to have it sold within 30 days. So IF you have received the "notice to accelerate" you MAY have less time than you think. Yes, they put their own insurance and paid first half of taxes, but that is not stopping the sale. Seems like they are not following all the steps as outlined in this forum.

[plantlvr]

Thanks for the heads up bullet, will keep an eye out for that! Still living at my house, bofa still sending me monthly statements...Does bofa send this 'notice to accelerate' by certified mail?

[slam22]

Just so you all know....BofA is calling the "notice of intent to accelerate" a NOD. Mine is scheduled for auction, however nothing still shows up on the county website. According to them they plan to have it sold within 30 days. So IF you have received the "notice to accelerate" you MAY have less time than you think. Yes, they put their own insurance and paid first half of taxes, but that is not stopping the sale. Seems like they are not following all the steps as outlined in this forum.

California is a non-judicial foreclosure state and there are certain procedures that must be taken by the lender in order to foreclose. First they have to record a Notice of Default. A notice of intent to accelerate is not a NOD. The NOD is in effect for 90 days. After the 90 days they can file a Notice of Sale. That is when the sale date is determined. The earliest a sale can happen is three weeks after the recording of the Notice of Sale. Here is a link to an article by an attorney that will go in to more detail if you are interested. It is specific to California.

http://www.************************/...e-part-1-of-2/

[willsurvive]

I'm following things here closely because we have no idea what to expect. Actually we are surprised we are still living here (Idaho). We filed and were discharged in 4/09. Did not reaffirm, but have not paid since 11/08. Idaho is a non-judicial state, so I've looked up foreclosure proceedings and a NOD is required. I really hope I will know when that happens. Is it certified mail? We have been trying to get the loan modified, but I think that is a joke and if people with a stable job can't get modified, why would we with an unstable (self employed) job get modified? Maybe it will buy more time though . . . . .