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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37376
Experience:  16 years real estate, Realtor. Landlord 26 years
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My chapter 13 ended in november.during that time i was

Customer Question

my chapter 13 ended in november.during that time i was paying hoa fees,water,power and trash bills,so i woud not get in trouble.i was locked out of that house for 4 years.what i want to know is why wont green tree foreclose on me? i want them to forclose on me because hos is trying to soue me. i tould them several times i do not want the house.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
""what i want to know is why wont green tree foreclose on me?""
You are running into the same problem that a lot of homeowner are...the bank won't actually foreclose and force a sale of the property.
The reasons are fairly straightforward...they don't want the liability for keeping it insured, they don't want the liability if someone gets hurt, they don't want the liability to have to pay the HOA dues, they don't want the costs of maintaining the property and the landscaping and they don't want to be on the hook for the property taxes.
So they know that they will eventually get repaid from the govt because 99% of loans are federally backed and they will put off foreclosing as long as possible...
Unfortunately, there is no way to force them to foreclose. However, there is nothing that would prevent you from moving right back in and living there until they do because you would still be considered the legal owner of the property until they do so. So it could result in a place free of any payment except HOA dues and utilities..