How do I speed up the foreclosure process. I have a house thst sits empty in Wauwatosa, Wi.(Milwaukee cty. I live in a small apartment in Oshkosh, Wi. and was forced to file chapter 7 bankruptcy. No payment has been made on the home since March. I've had it up for sale and Citi-Mortgage tied the process up so long, the potential buyers found other homes. The home is still on the market. I can't afford to pay utilities or insurance which is due Nov. 1st...I am on scial security disability. I gave my attorney an extra $500.00 to speed up the process an recently received a letter stating she apparently did not file it in a timely fashion. Let me know if you have other questions. I do know Citi Mortgage has thier own firm handing this and that a letter has been sent to the district court judge by my attorney...Thanks for any help you may offer.
Let me get some things clarified:
You own a home that's in foreclosure.
You have filed a chaper 7 bankruptcy.
You want to speed up the foreclosure process.
Yes, this is correct. The house is vacant ,however still for sale.
I should make this clearer. My chapter 7 bakruptcy went through on August 27, 2008...
Do you mean you were given a discharge back in August 27, 2008.
Yes, although M&I holds a second mortgage which my ex husband had signed. I am listed as sole property owner in Wauwatosa and he did sign the 2nd motgage, which I had believed was discharged in the bankruptcy. Now my attorney is asking for the original documentation for that loan which was initially approved through a different lender, however he is listed on the deed for the 2nd mortgage. It seems my ex cannot be located...
Give them a deed-in-lieu of foreclosure. Sign over your property rights immediately to them. If your listed as the sole property owner - you can do this.
Thanks for your prompt response. I will have this discussion with my attorney on the 30th this month. Should I take the property off the market? My contract with the listing agent will expire this month on the 26th. Also, what about the home owners insurance and continued maintenance. Can my ex sue me for his half of the 2nd mortgage? this was implied by my attorney...
How do I obtain necessary forms for a deed in lieu of foreclosure?
The 2nd mortgage - he's liable for that - how could he possibly sue you for his debt.
The mortgage company should prepare a deed-in-lieu of foreclosure for you promptly and for free.
I want to make certain this advice applies in the state of Wisconsin. Now that this has gone as far as a district court judge, does this advice also apply? Citi Mortgage always gives me such a run-around. I'm not sure who to contact...
Who holds the 2nd? Is it Citi-Mortgage?
No, M&I Bank holds the second which was taken over from a different lender...
Then why is Citi-Mortgage calling you?
Citi-Mortgage isn't calling me. A judge in the Milwaukee county district has apparently been assigned the case...I need to know if contacting Citi to request a deed-in lieu is even appropriate. I now assume it's impossible for my ex to sue me for his portion of the second mortgage, handled by M&I. I would love to suggest a deed-in-lieu...if I can get a person to answer this question at Citi...
I'm a little confused anyway here. If you listed the house in the bankruptcy and that you were going to relinquish it and also listed both first and second mortgage companies as creditors - what are you doing. Is this what has happened? I know that your ex was on the 2nd mortgage - so what, your discharged - it's his problem now.
What was not listed in the bankruptcy?
Yes, the second mortgage was, however I was told that the first mortgage would have to go into foreclosure.I don't understand why my attorney is asking for more info on the second mortgage after she explicitly told me the debt was was discharged. If I can do a deed-in-lieu on the first mortgage, with it assigned to a district judge, I'd definetly opt for that! I am also confused. I had no idea when I hired this attorney this process would be so involved...
I think your attorney failed to list the both mortgages on the bankrupcty petition - if both were listed - then once the discharge was granted you wouldn't have to be bothered with any of this. Additionally, there would be no way your ex could file suit against you for anything.
Get out the paperwork from the bankruptcy petition and see of both mortgage lenders were listed within the petition.
I think this attorney has you confused because they failed to list both mortgages.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).