Bankruptcy and foreclosure

[blanke97]

What is the name of your state?Ohio

My husband and I filed bankruptcy two years ago which included credit cards and a rental property we could no longer keep up. We have now just found out that the mortgage company had started foreclosure proceedings along with having a date setup for sheriff sale. Last year they stopped the sale and the property is still in our name and the mortgage company will not except a quick claim deed. They say the property is our responsiblity and we can sell it if we want. We filed the bankruptcy to get out of the property not to have the responsibility of selling it anyways. It has set empty for two years now and I'm sure that it has been vandilized to some degree. What do we do now? HELP!

 

[giggle50]

If you properly surrendered the house in the bankruptcy, it's not your problem.

Once a debtor surrenders an interest in property in bankruptcy, the creditor can no longer legally attempt to collect the debt, this includes foreclosure.

You need to contact your bankruptcy lawyer and tell them what's going on. They can even try to have the creditor sanctioned if necessary.

 

[bigun]

Once the bk is discharged, the creditor may foreclose or secured property.
You have no responsibility for any deficiency balance if you included the debt in your petition.

 

[blanke97]

Bankruptcy and Foreclosure PLEASE REPLY

Thanks so much for answering my question. I have contacted my lawyer, but of course he has not called me back yet. Even though the property is still in our name we are not responsible for the upkeep? We got a letter from the City for trash and to cut the grass. Also I don't understand why the mortgage company does not take it back and out of our name.