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Foreclosure Forum |
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Re-entry during legal ownership is OK..In Reply to: Abandonment and foreclosure and leins posted by Carol Joyceb on June 01, 2002 at 10:36 AM : The plot thickens. I lost my job and got behind on a Home Equity Loan a few years ago. The lender foreclosed. My attorney advised a Chapter 13. This stopped it. However, I never got a job with enough money to maintain my home. On my bankruptcy attorney's advice, I abandoned the property. Now county taxes are due, the primary mortgage lender's payments are months behind, the home equity loan is months behind, sewer and trash bills are months behind and I have even defaulted on my Chapter 13 because I have no income. so now I cannot even ask my BR attorney for advice because he was in the plan. I moved to another state and the post office must have told the sheriff of the county my new address and I just received a Notice of Public Sale from the county this morning. If I don't want the property and I have no job, will they pursue me 900 miles away? Can I be imprisoned? Is this a civil or criminal matter? I do not want the house or anything to do with it. Will they ever leave me alone? I need to go back there to remove some items that I was unable to take with me. When will they padlock the doors? The sale is to be this September. =•=•=•=•=•=•=•=•=•=•= Carol, No, you won’t be pursued across state lines for an anticipated deficit and I don’t know of any state that imprisons their citizens merely because they owe some one money. You predicament is a civil matter since non-payment of a commercial account is not a crime. In order to avoid vandalism the lender may have had your vacant house boarded up. If that’s the case you can still gain entry to get your stuff since you’re technically still on title. If you think they have padlocked the doors go prepared with some bolt cutters and replacement padlocks. Cut off the locks and get your stuff. Then padlock it up again, this time with your locks. Hope this helps.
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