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    Thanks for update, we still sit here waiting also. 28 mos now. LP 11-30-2011. Get a Loan mod, or DIL letter in mail every few months. We figured by now they would forclosure. BOA does not want our house I guess. Our Son left his house to move north in 2007 Brooksvile and the house is going down hill fast, but no action on bank forclosing. A few people have tried to get Bank to take shortsale they refuse.
    chpt 7 ,5-2009

    Comment


      If the bank fails to foreclose during the duration of a Chapter 13, I assume they give up any right to make a claim at that point. But do you also essentially own the home at the end of that period of time? That is, can they foreclose later if they fail to during the payback period (60 months in most cases)?

      Just curious, because BOA is also in no hurry to foreclose on our home in FL.

      Comment


        They do have a claim in a Chapter 13. Every bank that I have seen, will file a Claim in the Chapter 13. Smart banks will file a claim with a Secured and an Unsecured component. (Sometimes, the unsecured component is $1.)
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          Originally posted by justbroke View Post
          They do have a claim in a Chapter 13. Every bank that I have seen, will file a Claim in the Chapter 13. Smart banks will file a claim with a Secured and an Unsecured component. (Sometimes, the unsecured component is $1.)
          We have a 1st and a 2nd. We're 9 months into our Chapter 13, and neither has filed a claim, or even theatened foreclosure. Wouldn't it be in their best interests to file as early as possible to try to get something out of the house?

          Keep in mind that we surrendered the house.

          Comment


            Sold at auction 5 minutes ago. Sold to Plaintiff so I guess no one wanted it. Owed $195, sold for $75300. Glad this saga is finally over. How or when do I received confirmation that this is out of my name?

            Comment


              Originally posted by cory1848 View Post
              Sold at auction 5 minutes ago. Sold to Plaintiff so I guess no one wanted it. Owed $195, sold for $75300. Glad this saga is finally over. How or when do I received confirmation that this is out of my name?
              so how long completely from start to finish did it exactly take.

              sometimes it takes them 90 days to record the transfer, but i would check with the county clerks office to see about the deed transfer, i'm not exactly certain what they send you for verification of the sale and transfer. jb may have a clue on that one.
              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

              Comment


                Originally posted by tobee43 View Post
                so how long completely from start to finish did it exactly take.

                sometimes it takes them 90 days to record the transfer, but i would check with the county clerks office to see about the deed transfer, i'm not exactly certain what they send you for verification of the sale and transfer. jb may have a clue on that one.
                Tobee: what ever happened to your house? Hope all is well!
                "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                Comment


                  Originally posted by Freddy03 View Post
                  Tobee: what ever happened to your house? Hope all is well!
                  not a thing freddy, absolutely nothing! at this point we are just about certain they will never do anything with the property. they will never foreclose and that's just fine with us. i'm not concerned at all. if we ever, and really i doubt it, but if we ever need another mortgage i really think that will be the least of the problems. being that the debt was discharged, i really believe it to be a non-issue for the future, although, i may have some explaining to do. but, again, i should have this house paid off in about year and a half so i think all will be well.

                  thanks for asking, all is as well as it can be for now we have had the worse year in our lives this past year, but we are still standing again, thanks for asking.

                  how has it been going for you? are you still in the house?
                  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

                  Comment


                    Originally posted by tobee43 View Post
                    so how long completely from start to finish did it exactly take.

                    sometimes it takes them 90 days to record the transfer, but i would check with the county clerks office to see about the deed transfer, i'm not exactly certain what they send you for verification of the sale and transfer. jb may have a clue on that one.
                    Last payment I made was August 2009. Filed for BK7 Sept 30, 2009. BK finished up January 2010. LP issued April 2010. Hired Lawyer to delays things. That delay lasted 2 years. I was expecting 6 months. So all said and done, it was 36 months.

                    Comment


                      it is indicated on the county records of the transfer? so is their verification that the deed is no longer in your name at this point?
                      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

                      Comment


                        Originally posted by tobee43 View Post
                        not a thing freddy, absolutely nothing! at this point we are just about certain they will never do anything with the property. they will never foreclose and that's just fine with us. i'm not concerned at all. if we ever, and really i doubt it, but if we ever need another mortgage i really think that will be the least of the problems. being that the debt was discharged, i really believe it to be a non-issue for the future, although, i may have some explaining to do. but, again, i should have this house paid off in about year and a half so i think all will be well.

                        thanks for asking, all is as well as it can be for now we have had the worse year in our lives this past year, but we are still standing again, thanks for asking.

                        how has it been going for you? are you still in the house?
                        i am getting ready to eat my words since we are going to try and buy another place (in another state) within the next year or so....and we may try and go VA or enough down it's long enough, you know me....were there is a will there is a way!
                        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

                        Comment


                          Originally posted by tobee43 View Post
                          it is indicated on the county records of the transfer? so is their verification that the deed is no longer in your name at this point?
                          Last part that was issued was the Certificate of Title back to the bank. On the county site is list this categorized as "Deed" but I don't think it is the actual transfer yet. Still trying to figure that part out. I think they have to issue the certificate of title before they can transfer the deed. That part isnt done yet.

                          Comment


                            Originally posted by cory1848 View Post
                            Last part that was issued was the Certificate of Title back to the bank. On the county site is list this categorized as "Deed" but I don't think it is the actual transfer yet. Still trying to figure that part out. I think they have to issue the certificate of title before they can transfer the deed. That part isnt done yet.
                            i see, well if i were you, i would certainly follow up and make certain the deed is changed. i'm sure it is, it's just most likely a time issue holding it up. but, good for you!!! i'm certain its great to have that off your mind. congrats!
                            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

                            Comment


                              Originally posted by tobee43 View Post
                              i see, well if i were you, i would certainly follow up and make certain the deed is changed. i'm sure it is, it's just most likely a time issue holding it up. but, good for you!!! i'm certain its great to have that off your mind. congrats!
                              I checked with other cases that have closed out on the county site and none that I can see list anything after the Certificate of Title was issued. They were all charged a Deed doc stamp fee as well. How would I follow up with this to have proof my name is no longer on the deed?

                              Comment


                                personally, i would call the county clerks office and find out how this all works and were you can get a copy of the deed transfer. i know they are kept in public record files where i came from and anyone can make a copy of a transfer. so that is where i would begin.
                                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

                                Comment

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