Can we force a foreclosure?
Our Chapter 7 bankruptcy was discharged in July 2011. We surrendered our home back to the lender in the bankruptcy. In mid-July our mortgage lender requested and was granted a lift of automatic stay. We moved out at the beginning of August in preparation for the foreclosure. Our house is still vacant, the lender is still sending us monthly mortgage statements, and loan modification offers/paperwork (which we are not interested in, because our rental property is larger and in a much nicer neighborhood than our old house...and the rent is cheaper than what our mortgage was), and we haven't heard anything from the lender or their attorney about the foreclosure. Meanwhile the lender has secured company that has secured the property (there is a lock box on the door) and signs in the windows indicating the property has been winterized and giving a number to call for code violations, break-ins, and other emergencies. Is there a way to "force" the foreclosure to get the bank moving along on this process? We would like to fully move on with our lives.
1 Answer from Attorneys
Our Chapter 7 bankruptcy was discharged You can't force them to foreclose faster, but you can force them to stop sendng you billing statements and notices.
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