I agree with the prior attorney's answer. But also, many lenders require that you have the property listed for sale for a certain number of months, at least three if not six, before they will even consider a deed in lieu of foreclosure. Also, the home owner will need to produce their financial information to show that they can no linger afford the home.
I agree with the prior attorney's answer; only attorneys may provide legal representation. Now, your realtor may be a witness for you if they have firsthand knowledge about something that is pertinent about the eviction, but that's it.
I practice in Washington, but you need to speak with an experienced real estate attorney in your area immediately. Not only for the purpose of your refinance, but that loan is clouding your title. Even worse, if your neighbor were to default on their mortgage, Bank of America could commence foreclosure action against the neighbor, but it likely would be for your property. You certainly would have a valid defense against the foreclosure, but it would be best to resolve this issue before it got...
In Washington, I would advise you to go to small claims court and recoup what you are owed for your tenants' breaking of the lease agreement. If they do file for bankruptcy, then the most you can do is file a Proof of Claim in case there are assets in their bankruptcy estate.
If your ex-s's bankruptcy was a no-asset chapter 7 bankruptcy and they inadvertently omitted a debt, then in theory that omitted debt is disharged as well. But, if the debt was purposely omitted, or it is non-dischargeable- as you assert- then you should definately contact an attorney in your state to protect your claim against your ex-spouse.
In Washington, the home legally belongs to the home owner until the bank repossesses the home in a foreclosure. In our state, lenders can foreclose judicially or non-judicially, these are different processes for foreclosing on a home. Once the foreclosure occurs, if an individual stays in the home, the bank- who is now the new homeowner- has to go through the legal process of evicting that individual.
Also, as long as your mortgage(s) were properly including in your bankruptcy and were...
Based on the limited number of facts provided, it sounds as though you may be eligible to file for a Chapter 7 bankruptcy and have this debt discharged. But you certainly should
meet with a bankruptcy attorney because there are many other factors to consider, including your income, family size, other debts, assets, and what exemptions may be available to you. You may need to consider filing a Chapter 13 bankruptcy, depending upon your circumstances.
Under the changes in the Bankruptcy Abuse Prevention and Consumer Protection Act, a debtor may refile for bankruptcy 8 years after a prior discharge. Assuming your prior bankruptcy was discharged in October 2000, you should be able to refile now. The bankruptcy process may take 4-6 months to complete, and now requires that you take a credit counseling course within 180 days prior to you filing for bankruptcy, and also require that you take a financial managemen course prior to discharge.