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  1. #1
    Join Date
    Feb 2008
    Posts
    20

    Default Seperating, Moving Back into a Foreclosure in Process

    My question involves a mortgage in the state of: Florida

    Okay its been nearly 4 years since my wife and I had to "walk away" from our home financed by BOA in central Florida. We moved 3 states away for work and could not keep up with rent and a mortgage. Well the jist of it is that BOA of course has filed the paperwork, finally, the house has stickers all over it that state it is BOA's property, trespassers will be prosecuted etc... I have received a copy of the forclosure document but as of yet a forclosure date has not been set.

    My wife and I have now come to a pass where I cannot stay and I am now forced to move out (seperating/divorce). So I am considering a return to the house in Florida as my old job is once again available. My question is:

    Since it was my house to begin with, can't I just take the stickers off and move back in and hope for the best? I was thinking that with the advent of this new 62B dollar mortgage relief fund being created, moving back into the home and making myself willing to refinance the home. Given BOA were amicable. Or should I forget about it and move on?

    BTW...I am back in the loan modification department with BOA, they want third party permissions to view my tax records. So they are apperantly still undecided as to their intention.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Seperating, Moving Back into a Foreclosure in Process

    The property is either now owned by the bank or it's not - if it's not, I'm not clear on why there would be stickers on the house indicating that it's owned by the bank. If it is owned by the bank you have no right to enter and you can be prosecuted for trespassing.

    Do you mean that the bank obtained a judgment of foreclosure but that the foreclosure sale has not yet occurred?

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