Should I move back in abandoned home after 3 yrs sitting Vacant-still not foreclosed

[justbroke]

If it's a Withdrawal of the Lis Pendens, then the foreclosure was "stopped" (dismissed). The fact that your name is still on the County Property Appraiser's Website as the owner, means that you are, in fact, the owner. If there isn't a current "Lis Pendens" in the Civil Court Website, then you are not currently in process of being sued for foreclosure.

The Notice of Dropping of Defendants is because the banks will usually serve the complaint on "Unknown Tenant #1" through "Unknown Tenant #4" as well as other "unknown" parties (such as "Unknown Spouse").

The only key here is whether you are the current listed and titled owner of the property. You confirmed that you are, so you still own the home.

Additionally, if there was no recorded mortgage at the time that the Chapter 7 case was filed, then I might want to go back to my BK attorney and see if you should re-open your case. This is because the lien could be avoided. Yes, there are other potential issues, such as your claim of homestead exemption. Did you refinance before the Chapter 7... and if so, how long prior to filing did you refinance? How much equity do you have, if any?

[venicehope]

Thanks, I just checked the records & came to find out the deed from our refinance loan with world savings is not on record. hmmmm I have it in my paperwork but the county doesn't. Our name is still on the property.
The Lis Pendens filed has two bar code stamps but is not dated at the signature on the bottom where one is to fill the blank line with the day of the month.
On the Notice of Dropping Defendants & the Lis Pendens there is a Doc Mort. Stamp $0.00, Doc Deed Stamp $0.00, Intag. Tax $0.00 all of no values. I don't know if it's signifacant? Any thoughts? Thanks again

[venicehope]

I went back to our paperwork, the last document we received from the court was on Jan. 26, 2011. It reads
civil action
Wachovia Mortgage fsa fka World Savings Bank ([U]which is now wellsfargo...will this document now have to be resubmitted with the right bank on it, maybe another delay?)
Notice of Dropping Defendants
Plantiffs Wachovia & World Savings hereby dismisses the following parties persuant to Rule 1.250, Fla. R. Civ. P.;
I DONT KNOW WHAT THIS DOCUMENT MEANS?
ALSO while searching for documents on line at the County Property Appraiser's website. I noticed there is NO Deed filed by World Saving/Wachovia/Wellsfargo on the loan orginated in 2005-the same we were discharged from. The very document I believe to be the reason for the foreclosure delay! Our first Deed is filed from when we originally bought the house in 2004 but not the re-finance with World Savings from 2005.

[justbroke]

Lady in Red is correct... something seems wrong. It is simple to check ownership in ANY COUNTY in Florida. Simply go to Sarasota County's Property Appraiser's Website and search for your property (by address or name). If your name is on it there, you own it! If it's not listed under your name, then you don't own it.

[LadyInTheRed]

10 months ago we received a document removing our names. Yet we are still on the deed & wachovia/wellsgargo is still sending me info about cash for keys & other incentives.

Those two sentances seem to contradict each other. What document did you receive and what did it remove your names from?

If title is still in your names, I say move in. You can't trespass on property you own.

[tobee43]

all i can say is wow!!!!

it was mentioned to be since we are in the same boat as far as the time involved without a foreclosure on our property. someone actually suggested for us to rent it out and get some bucks. but we couldn't because of the ponds and large pool, i would be scared to death about any liability at this point.

however, if the place was in florida as opposed to nj i would move my butt right back in. (we now live in flordia). we didn't stay because the utilities alone were running approx 1200 bucks a month!! shoot, that's the total for everything we pay here including mortgage, taxes, a/c, running our pool, garage, water,etc.

i say why not???? i'm sure someone will chime in with why not, however, if you names are still on the deed and all...well then, i would do it.

[AngelinaCatHub]

If you had stayed until forced eviction which has not come, you would be off the hook. However, having abandoned that place, without permission, you may be guilty of criminal trespass. It has been too long and then you would be a squatter as well. I would appeal to the bank to "care take" the property with the idea that you would improve the place and keep it safe. It is worth a try and much safer than moving back in. Also HOA charges would go on from day one of your re entry. This you must pass before a lawyer for your own good. 'Hub

[venicehope]

Here's a crazy twist of fait. It's been nearly four years from my chapter 7 discharge. We surrendered our home & were discharge of the loan (originally World Saving-Wachovia-Wellsfargo) In fear of being evicted/foreclosed on & not being able to rent due to a bk on our credit we abandoned the house imediately after filing chapter7. Remember this was early on in the market crash, no one knew a foreclosure would take years! Anyway...we rented for a bit then lived in a family friends home for free while on the market. It is now sold & our abandoned house remains so. The bank has not even changed the locks. They filed a lis pend in june 2009, the county put the house up for a tax sale in 2010. The bank paid the taxes, & secured insurance on the property, but has not stepped foot on it. 10 months ago we received a document removing our names. Yet we are still on the deed & wachovia/wellsgargo is still sending me info about cash for keys & other incentives. At this point we have no where to go & no money to rent. I'm about to move into our abandoned house. Which by the way is the eye sore of the neighborhood! We'll clean up the yard & landscape, empty the pool and clean it up, get the electricity and water reconnected & move in.
I need advise from any willing to give it. On pro's or Con's or concerns/info I should be aware of! In consideration of our HOA & neighbors, I'd like to pay (not past year debts) from here on yearly fees.
A realestate friend mentioned to take photo's & video of the house prior to clean up. On the grounds that we are moving in to protect our interest ----being our names are still on the deed! And show they're lack of concern of the property (although they paid the insurance) btw the house is valued 298,000. we were discharged on the loan fpr 520,000. & it has another second loan of 50,000 on it that I beleive will not be dissolved until it is foreclosed on? I think. .