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The Mortgage

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IOBA
Senior Contributor

The Mortgage

Advice greatly appreciated.  I am hoping someone will have better wording to get the message through to my lingering friend.

 

Spouse has filed BK 7 three times since 1990's.  All three times the BK was discharged.  The most recent was discharged 02/2021.

 

Friend has filed BK 7 two times since the 1990's.  Both times with spouse and both times were discharged.  Friend did not file the third time with spouse.

 

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Spouse did NOT reaffirm mortgage during most recent BK.  

 

It is a JOINT mortgage.

 

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Friend was late paying the mortgage during the BK (made one lump payment to cover several months when the effect of BK showed up on friends credit report - JUST on the mortgage account.)  Mortgage company told friend "can't talk to you - the ACCOUNT is in BK" and returned the funds sent.  (The escrow defeciency funds were kept by the mortgage company and applied to escrow.  Presumably prior to recieving paper notice of BK.)

 

Friend resent the funds and told mortgage company to keep the funds becuase friend had not filed BK.  Mortgage company repeated "can't talk to you, ACCOUNT is in BK" and returned the funds by check.

 

Friend stopped sending in mortgage payments.  

 

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It's been six months now that the mortgage has not been paid. (BK 7 discharged in 02/2021 - mortgage included.)

 

Friend does NOT understand why mortgage company won't accept payments.

 

Friend does NOT understand why mortgage company is updating friends credit report with "late" payments (30, 60, 90, 120, etc) and why friends credit report (JUST for the mortgage account) says "Included in BK".

 

Friend does NOT understand why the mortgage company won't have conversations.

 

Friend does NOT understand why mortgage company won't refinance the mortgage.  (Spouse discharged the debt in BK 7.  Friend does NOT have enough income to qualify for the mortgage.)

 

Friend does NOT understand that spouse basically gave up the house in BK back to the mortgage company.

 

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Can anyone come up with a good short explanation of the new reality regarding the house?  Friend can't seem to grasp that the mortgage and house are now hers alone, despite spouse name being on the deed. 

 

The house presumably has a little equity in it.  It is in rough shape due to neglience/failure to do maintenance/using bandaids to fix problems.  No one in the house will coorporate in the house being fixed up or listed for sale.  (They would loose a free place to live.)

 

COVID foreclosure protection ended 03/31/2021.  Presumably, foreclosure process has started or will start very soon. (April is the 6th or 7th month of no mortgage payment.)

 

How long (educated guess) before notice of foreclosure, actual foreclosure, and eviction by Sheriff happens?

 

On another note, different situation, different people, spouse died, surviving spouse didn't make mortgage payment, approved for deed in lieu, got greedy, cancelled deed in lieu, covid, mortgage protection ended 10/2020, foreclosure completed 12/2020. I imagine the mortgage company had all steps completed before covid protection last year. 

 

Thank you in advance - and I appreciate all responses.  I can see the reality and have made suggestions, but friend does not understand.

 

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