Deed in lieu Q's plus some
01-11-2013 04:29 PM
I have a hairy situation i wish was more rare than it probably is. Here's the pertinent info:
All this is in Virginia
03/17/09 I buy my house on a lake. . happy days (VA Loan)
11/08/09 BoA lays off my department. . begin sad days
04/13/10 foreclosure process began
06/01/10 is the sale date set by BoA
05/26/10 I declare bankruptcy chapt 7 (home IS include in the BK, this pushes the sale date back 3months)
07/01/10 I move out of my home and into a rental
Throughout the above process i am in constant and frustrating communication with BoA, to include being told i was approve for a "making home affordable" modification and later being told as i had a VA loan i was never eligible for a loan mod and much much more.
As of 01/11/13 there have been more than 7 sale dates for my home and each time the sale is cancelled at the last minute. Turns out i still "own" the home i haven't lived in or paid on or cared about in more than 2.5 years. It shows on my credit report as discharged under BK, but not forclosed so collections activity is proceeding. Fortunately my last two year have been better and i am ready to buy again and put down a large sum but my old home STILL appears as an active, open, unpaid loan in foreclosure process. Obviously this dampens my plans. I contact BoA and all of this is confirmed and now for the very first time they offer me Deed in lieu. Which if they had done at the beginning of this process i owuld have snapped it up. Clear enough to me they have paperwork issues with my home, but they seem content to wait me out. Home is now in utter disrepair. I have read deed in lieu will start a 2 year no go clock on a new loan. ok so now my questiions
Can a deed in lieu be backdated?
Can i make them report the deed in lieu as paid as agreed, and would that even matter because of the BK?
Is there a way to force the issue of making them prove they CAN foreclose on the home and get a resolution?
Do you have ANY other advice or info i could use cuz i am swimming in internet info and not at all sure how much applies to me?
Thank you for anyhting you can offer.