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Lender still has not foreclosed

Posted on: 10th Sep, 2008 03:07 pm
I surrendered my home in Dec 2007 after going BK7 but the lender still has not foreclosed on the property so the taxes and property are still in my name. What I am wondering is how long does it take to get another home mortgage. Will it be 2 years minimum from my discharge date or do I have to wait until they finally decide to foreclose and count from there?
Welcome x7so.

Since you have been through bankruptcy Chapter 7, it will take at least 2 years from your discharge date in order to qualify for FHA loans at favorable rates of interest.

For conventional loans at suitable rates, you'll have to wait for 4 years at least from the date of discharge. You said you've surrendered the home. Does it mean that you've gone for a deed in lieu? But again you have said that the lender isn't foreclosing. The point is, deed in lieu and foreclosure are different altogether. So, can you please explain clearly as to whether the lender has declared foreclosure or accepted deed-in-lieu?

Thanks.
Posted on: 11th Sep, 2008 03:16 am
...the home has been listed by my Realtor since October 2006. We had 2 short sale offers on it but the lender rejected them. The lender has also rejected my offer of deed in lieu.

Their is only one lien on the house (option one mortgage) and they have not foreclosed but I did receive (I think its called) lis pendes a long time ago.

Thank You.
Posted on: 11th Sep, 2008 09:00 am
So you mean that the lender has filed the foreclosure but the sale is yet to take place?
Posted on: 12th Sep, 2008 03:09 am
All I have received so far is a notice of default. MY BK attorney said they have to file through the courts here in florida to foreclose even though I surrendered it in BK7. So Im not sure when they will file but I am wondering how that will effect my credit because it could foreclose a year or more after discharge.
Posted on: 12th Sep, 2008 09:28 am
It is possible to qualify for FHA loans one year out of bankruptcy.
Posted on: 12th Sep, 2008 04:47 pm
unfortunately you will just have to wait until they file. it will take longer for your credit to recover since your going to need to wait at least two years from the date of foreclosure before purchasing another home.

i would like to add however, that even though your lawyer included the home in the bankruptcy, if you want to keep the property, you can contact the lender's loss mitigation to come to an agreement for you to resume the payments and keep the property. just wanted to let you know that you still have this option if you would rather keep the property.
Posted on: 16th Sep, 2008 12:49 am
I am still getting bills for water and to do ground maintenance after
home is discharged thru bk7. Am I responsible?
Posted on: 24th Dec, 2009 10:44 am
Hi Guest,

If you have been discharged from your debts through bankruptcy Chapter 7, you are no longer responsible for the home loan. But it seems that the lender has not yet foreclosed on your property and the title is still in your name. This is why you are still getting the bills in your name. However, after the discharge you are not liable to pay off the mortgage anymore.
Posted on: 29th Dec, 2009 02:15 am
i just got my discharge papers for my chapter 7 bankruptcy. i surrendered my house in the bankruptcy and the city and county taxes are due on the house this january 1st. do i have to pay them?
Posted on: 08th Dec, 2010 05:33 am
Hi Guest,

Unless the lender forecloses the property and sells it off, there are chances that you will be liable for the maintenance of the property. In such a situation, you'll have to pay for the city and county taxes.
Posted on: 09th Dec, 2010 12:10 am
SO IF ON A BK7 DISCHARGED BUT WITH NO FORECLOSURE THE OWNER STILL LIABLE FOR TAXES AND INSURANCE THEN CAN THE OWNER STILL RENT OUT THE PROPERTY?
Posted on: 14th Dec, 2010 05:26 pm
Hi HOTMAIL,

Your query has been replied to in the given page:
http://www.mortgagefit.com/know-how/about47596.html

Take a look at it. Hope it helps you.

Thanks
Posted on: 14th Dec, 2010 07:45 pm
We surrendered our house to the bank in 2007. He filed BK13, I filed BK7. Both were discharged inclusive of the Mortgages on the house. In 2009 we recieved a 1099 on the house for the Mtg. Almost 6 years later no one having bought the house, the foreclosure being postponed for what ever reason, we don't know why - we are unable to purchase a home because our name is still on the deed. What can we do, are we at their mercy until the house sells?
Posted on: 21st Mar, 2013 03:41 pm
Hi Siciliana,

A query similar to yours has been replied to in the given page: http://www.mortgagefit.com/know-how/about56251.html . Please take a look at it. I hope it will help you.

Thanks
Posted on: 21st Mar, 2013 10:08 pm
I filedm for bk chapter 7 3 years ago bank has not yet forclosed on house do i owe hoa taxes which they have attached my new husbands bank account also will I owe property tax should i also fie chapter 13
Posted on: 13th Jun, 2013 06:35 pm
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