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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.
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...
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...
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?
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.