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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15819
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My home in Virginia has been in the foreclosure process with

Resolved Question:

My home in Virginia has been in the foreclosure process with Beneficial for 3 years and I can't get anywhere with them? What rights do I have and how do I report this agency?
thank you
Michael
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. What exactly have they done and what is it that you would likely to accomplish? Are the condo fees current and you are trying to modify the loan or do you want to try and walk away or short sale the home? If you could please clarify what is going on, I would be happy to help.
Customer: replied 1 year ago.


I thought the foreclosure would come after I filed bankruptcy, moved to an apartment and they locked me out of my condo. That was three years ago and everytime I call mortgage company they say it should be sold in the next 6 months. Meanwhile I got behind in my condo fees of 400 lost my apartment moved in with family and I was called into court for back fees owed. I am on a payment plan with a law firm for the condo fees but I just need to understand how to get this place in posession of the mortgage company as I cannot go on like this.


 

Expert:  RealEstateAnswer replied 1 year ago.
Thank you for the additional information. Normally, when a home owner files for bankruptcy, there is an automatic stay put in place, by the BK court, which prevent the lender from proceeding with the foreclosure action, until they are granted relief, from the automatic stay. Moreover, the lender should not have used self help and lock you out of your apartment as you had a legal right to stay there and are the legal owner, until the property is foreclosed on and sold at auction. Typically, an owner who is facing foreclosure and not living at the property stops paying the fees, since they are receiving no benefit from them and just allows the HOA/Condo Ass to join in the foreclosure proceeding. At this point, you can contact your lender and see if they would just accept a deed in lieu of foreclosure and take the property back, so they do not have to go through the process and sell the home. In addition, if the home is not set to be sold for 6 months, you can see if they would agree to a short sale, which would keep the foreclosure off your credit record and salvage it, to some degree. it is hard to "force" them at this point to sell the home and typically a homeowner will stay and reside in the property, until the end, when they are evicted. As such, owners do not necessarily want to see the problem sold as fast as possible. If back fees are owed and not going to be paid at this point, you may want to consider not paying anything else to them, if you know the consequence will be them obtaining a judgment against you. The goal is to try and save money at this point, since you may need it if you have to relocate again. With that being said, it may be best to contact the lender about a deed in lieu of foreclosure or a short sale, to move this along and get rid of the property.

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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15819
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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