Real Estate/BK/deed in lieu of foreclosure/homestead exemption

[doggielover]

What is the name of your state? IL-I have an issue with the city I live in. They are suing me for code violations that existed when I bought the home in '92. I had a bankruptcy Ch.7 last July & I don't have the funds to pay for this right now. Since I did not reaffirm my 1st & 2nd mtg., I am not technically not responsible for the mtg. pymts. I have been paying them all along. I was wondering since the city is suing me for $30,000, can I give the house back to the mtg. co. with the deed in lieu of forclosure, should I let them foreclose or can I get the homestead exemption so I could at least get a trailer or apt? (I have a lawyer but he stopped helping me & it seems like he is on the city's side now.) (I borrowed money from work to pay for the lawyer, which is being deducted from my pay.) He told me one thing one time & now is giving me a different story. Can the city force me to pay anything since I don't have any money & can't come up with it? Can they garnish my wages? The city said if I sold the house without an inspection, they would sue me for that. I had a pipe freeze in my upstairs bathrm. & broke in Feb. It flooded my downstairs bedrm. & part of the ceiling fell in. My ins. co. did not pay a lot & I could not fix everything (roofing, floors etc. )with what they gave me & then they dropped me and I had to get a policy that trippled in price. (Once they re-do the escrow in Dec., I probably won't be able to make the mtg. paymts. anyway-they will probably increase over $200.) I don't know where to turn anymore. They have treated me like I was a drug dealer or something. Thanks for any help.

 

[HomeGuru]

What is the name of your state? IL-I have an issue with the city I live in. They are suing me for code violations that existed when I bought the home in '92.

**A: they have the right to do so.
*******

I had a bankruptcy Ch.7 last July & I don't have the funds to pay for this right now. Since I did not reaffirm my 1st & 2nd mtg., I am not technically not responsible for the mtg. pymts.

**A: not true, unless the entire 2 mortgages were discharged in BK. (which I doubt)
*********

I have been paying them all along. I was wondering since the city is suing me for $30,000, can I give the house back to the mtg. co. with the deed in lieu of forclosure, should I let them foreclose or can I get the homestead exemption so I could at least get a trailer or apt?

**A: you can offer a deed in lieu but the mortgage company does not have to accept.
********
(I have a lawyer but he stopped helping me & it seems like he is on the city's side now.) (I borrowed money from work to pay for the lawyer, which is being deducted from my pay.) He told me one thing one time & now is giving me a different story. Can the city force me to pay anything since I don't have any money & can't come up with it?

**A: yes.
*******
Can they garnish my wages?

**A: yes, if they follow the proper procedures.
********
The city said if I sold the house without an inspection, they would sue me for that. I had a pipe freeze in my upstairs bathrm. & broke in Feb. It flooded my downstairs bedrm. & part of the ceiling fell in. My ins. co. did not pay a lot & I could not fix everything (roofing, floors etc. )with what they gave me & then they dropped me and I had to get a policy that trippled in price. (Once they re-do the escrow in Dec., I probably won't be able to make the mtg. paymts. anyway-they will probably increase over $200.) I don't know where to turn anymore. They have treated me like I was a drug dealer or something. Thanks for any help.

**A: contact www.hud.gov

 

[doggielover]

IL--But my BK lawyer said I am not responsible since the mtgs. were not reaffirmed. What about the homestead exemption?