Texas - I am going to ask for the 1000th time

[tigergem]

I hate to say I told you so, but I told you so. Why do you keep calling them?

[Confused33]

I want to know for a fact that they have it listed as included before I do anything. I don't want to correct something like this after the fact. I want to avoid the problem all together.

I know that it was included, it is on my Schedule D, my lawyer has no reaffirmation agreement checked off, and I receive information purposes only statements each month.

What I don't know is if I should try to sell or if I should just let it go.

[tigergem]

I want to know for a fact that they have it listed as included before I do anything. I don't want to correct something like this after the fact. I want to avoid the problem all together.

I know that it was included, it is on my Schedule D, my lawyer has no reaffirmation agreement checked off, and I receive information purposes only statements each month.

What I don't know is if I should try to sell or if I should just let it go.

Well I thought you said that is how it is listed in the credit reports, correctly, so why are you poking sticks at the hornet's nest? As well what your lawyer told you. As well, if BofA does anything different by way of trying to collect from you, then they are in violation of the automatic stay, and you can sue them for that.

<shrug> IF you have nothing to lose by listing it for sale, then list it. If it sells, great. If you make some $$, even better. If not, oh well, so what? Sheesh. And people accuse me of over thinking things.

[ssmdem]

I want to know for a fact that they have it listed as included before I do anything. I don't want to correct something like this after the fact. I want to avoid the problem all together.

I know that it was included, it is on my Schedule D, my lawyer has no reaffirmation agreement checked off, and I receive information purposes only statements each month.

What I don't know is if I should try to sell or if I should just let it go.

Let it go -- sounds what what little profit (if any) you're going to make isn't going to be worth the hassle of dealing with their incompetence. My rental property is with Bank of America and is paid current right now. However, my rental income really only covers the 1st mortgage, and I'm about to stop paying the 2nd mortgage, as we're within the time frame now that I know my tenant can at least finish out her lease. When her lease is up, we'll quit paying altogether and let it foreclose. If she wants to stay in it during that time, totally up to her. We are NOT reaffirming it when we file, but I am so not looking forward to dealing with them when we do.

[Confused33]

Well I thought you said that is how it is listed in the credit reports, correctly, so why are you poking sticks at the hornet's nest? As well what your lawyer told you. As well, if BofA does anything different by way of trying to collect from you, then they are in violation of the automatic stay, and you can sue them for that.

<shrug> IF you have nothing to lose by listing it for sale, then list it. If it sells, great. If you make some $$, even better. If not, oh well, so what? Sheesh. And people accuse me of over thinking things.

Well, look at what I've been told today:

You can sell - Attorney

B of A - You can't sell, it isn't listed as included on your BK, ect ect.

I'm not poking a hornets nest, I'm trying to keep from wasting a realtor's time, a potential buyer's time, and looking like a complete ass to those people.

I am not going to list it and then just cross my fingers that everything pans out smoothly.

**They also mentioned that it will show that I am 30 days late on my report if I miss a payment, which doesn't make sense seeing how it shows included in BK and they aren't reporting my good payments. Anyone verify this?

[ssmdem]

**They also mentioned that it will show that I am 30 days late on my report if I miss a payment, which doesn't make sense seeing how it shows included in BK and they aren't reporting my good payments. Anyone verify this?

They might try -- but it's included in the bankruptcy (IIK) - so I would think you could get that corrected.

[ssmdem]

Honestly, the geniuses aren't trained in bankruptcy law -- they are only trained in how to get more money out of people who don't fully understand their rights and will say pretty much anything.

[Confused33]

They are telling me that since it was discharged I can't sell the home and I must surrender.

Looks like they are making this easy. LOL

[ssmdem]

They are telling me that since it was discharged I can't sell the home and I must surrender.

Looks like they are making this easy. LOL

Well, I think you CAN sell the home -- whether it worth the hassle is up to you. However, if you don't want the foreclosure on your public record, that's another matter. It will be listed as IIK on your credit report - not as a foreclosure, but your public record is still going to show the foreclosure, which could affect you time-wise as to when you could buy another home.

I'm trying to figure out when to stop paying on our rental property for this very reason. We'll probably be foreclosed on the home we're living in now in about a year. I'd like to time the rental property for not too much later after then, but also want the security net of having a roof over our heads if we can't find a rental. I've pretty much decided to keep it current until we have a rental secured and then stop paying. That's going to add about another year to my time clock for buying another home, but I guess that beats being homeless if we can't find a rental to move into in the next few months.

[tigergem]

Well, look at what I've been told today:

You can sell - Attorney

B of A - You can't sell, it isn't listed as included on your BK, ect ect.

I'm not poking a hornets nest, I'm trying to keep from wasting a realtor's time, a potential buyer's time, and looking like a complete ass to those people.

I am not going to list it and then just cross my fingers that everything pans out smoothly.

**They also mentioned that it will show that I am 30 days late on my report if I miss a payment, which doesn't make sense seeing how it shows included in BK and they aren't reporting my good payments. Anyone verify this?

Right, and who do you think told you the truth? BofA or your attorney?

[car67]

bk is not for houses LOL ahahahaa YEA RIGHT

[Confused33]

I'm letting it go.

After this chain of events and the frustrations I've experienced today it can sit and rot before I put any more effort into it. Someone will get a great deal out of it, maybe that'll lead to good karma.... insert laughing here.

[Confused33]

I still haven't let all of this go.

I've decided that I want the house to go to foreclosure and I told the renters to get out by 8/31/2010 so that it is vacant. They were happy to do so.

I really don't want this to drag on and on forever and I'm trying to figure out how to get Bank of America to speed the process. Anyone have ideas?

[bulletproof77]

Aren't they just a beacon of intelligence ??? I BK'd my mortgages and went through all that crap with their BK dept. I finally had my lawyer send them a couple of letters and it all stopped. However, "denial" seems to be the new tactic at Skank of America..that and professing ignorance..and let's not forget the outright lies..Speed up...? No. AT least your in Texas where things move a whole lot faster than here on the "left coast" where it took those morons 19 months to take their house back..