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Debt Consolidation Forums Bankruptcy Chapter 7 and Chapter 13 forums

Mortgage company will not remove our names from title

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We filed Chapter 7 bankruptcy in 2008. We included our home mortgage in bankruptcy. We moved out of home. After our bankruptcy was discharged in 2009 the mortgage company did not take the home. It was removed from the sheriff's sale and is just sitting vacant now almost 3 years later. The taxes are mounting and the city has put weed liens on it.Our names are still on the title.. We are also responsible to keep insurance on house to protect ourselves. Can we pay back taxes and move back in. If taxes are not paid it will be sold at tax sale..:?:




So, just let it get sold at a tax sale. The mortgage company is not required to foreclose.

Sub: #1 posted on Thu, 01/20/2011 - 11:26

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I would contact your lawyer that handled your bankruptcy and ask about this, I would think with your name still on the title that they state and county will come after you for the back taxes and the leins that have been placed on it. If not your original lawyer I would find one pronto that does free consults and ask if they can come after you for all this. I would be very leary about this with the way things are today and the way banks love to screw people over. I would definetly check on it and make sure that no one can come after you down the road for at least all the back taxes

Sub: #2 posted on Thu, 01/20/2011 - 12:04

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I have had contact with the mortgage company in 2009.. They said the house is mine and they are not going to remove our names from the title. I said no.. I filed bankruptcy on the house. They said no...you filed bankruptcy on the mortgage. The house is yours. I said "what am I supposed to do with it.. They said..."anything you want, it is yours". I asked why was it removed from the sheriff sale and they said because it was not profitable to us.. We did contact an attorney and he tried for several months to get info from the company.. They refused to answer his letters..He said it was up to us now ..we can let it go for taxes and allow the city to take it or we can pay the taxes and move back in.. He did caution us not to sink a great amount of money into the property as the mortgage company can come back and demand we move. I do believe there is some sort of law that if you live on a property for so many years and pay taxes on it ..You can demand deed.. A little scared about this... Seems to be some gray areas...:confused:

Sub: #3 posted on Fri, 01/21/2011 - 05:52

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I go back to my original post. Property taxes run with the land and are not a personal obligation. If the property is sold for back taxes it will be out of your name. Depending upon the law in your State, a sale for back taxes trumps any recorded mortgage lien therefore, whoever buys the property for the back taxes takes it without the need to pay off the mortgage lien.

You indicate that the lender has told you to do what you want with the property. If that is true then get the lender to release the recorded mortgage (lien) so that YOU can sell the property. Until the lien is released there is nothing you can do without the lender's express permission. "Squater's" rights will not force a lien release and you already have the deed.

Des.

Sub: #4 posted on Fri, 01/21/2011 - 06:25

Unregistered


Oh,

I forgot to mention, the legal term for "squatter's rights" is "adverse possession".

Des.

Sub: #5 posted on Fri, 01/21/2011 - 06:32

Unregistered


Thank you Des for your quick reply. As I said eariler when I spoke to the mortgage company in 2009, I asked them to remove my name and they said they would not. I asked why they had their attorneys' remove it from sheriff sale list and they said because it was not profitable to them . I guess I do not understand why they refused to take possession of the house and sell it. Instead they have let it sit and rot away and eventually allow the city to sell it for back taxes and weed liens. When I filed bankruptcy on this house, I moved out because I thought I was supposed to. I guess I should have stayed until they told me to move. I honestly think I am going to pay the back taxes and move back in.. If they want the house they can contact me and ask me to move.. Our attorney did ask what we needed to do to be released from it or if they were willing to release it to us and as I said eariler.. They refused contact. We cannot make them communicate with us. So rather than allow the city to take it, I think I should move back. Does this make sense?

Sub: #6 posted on Fri, 01/21/2011 - 07:40

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It makes sense for you to move back assuming you are not breaking a lease and opening yourself up to a suit from a landlord. Clean up the property, pay the back taxes (hopefully not too expensive) and live rent free (but for future property taxes) until the lender decides to foreclose. Sounds like a plan.

Des.

Sub: #7 posted on Fri, 01/21/2011 - 14:12

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