Years ago I fell behind with mortgage due to divorce. Chase initiated foreclosure. I tried for 2 years to modify loan. At every court appearance they would always ask me to complete another mod application & provide documents again. During this time the home sustained damage from hurricane that insurance wouldn't cover. I couldn't get any loans/apply for grants due to foreclosure initiation & balance owed ballooned w/ added fees. I also offered a lump sum (rec'd IRA from QDRO that I would withdraw) of original balance when foreclosure started. Chase refused, but offered a loan mod that was higher than original monthly pmnt I couldn't afford. I filed bankruptcy & mortgage was discharged. Chase sold mortgage to Shellpoint during the bankruptcy. My credit report shows mortgage has been discharged from Chase and Shellpoint, who still has not pursued foreclosure. I had to move out with my children due to the house damages that I can't get a loan to repair. I have turned my financial situation around & would like to buy another home with my boyfriend, using IRA withdrawal towards down payment. We have been told we cant get a mortgage because I'm still listed on deed.
Contact Shellpoint and see if they would be willing to accept a deed in lieu of foreclosure.
Please note: I am a licensed attorney in New York. This response is intended only as general commentary. This response is not legal advice and does not create an attorney client relationship.
I suggest you contact the attorney that handled your bankruptcy and seek advice there as they have the most information about what the results were from the bankruptcy case. Otherwise you may wish to consult with a local real estate lawyer and have them deal with this. Be careful dealing directly with the lender as the wrong action could possibly reaffirm the debt. Good luck.
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I would suggest you offer a deed in lieu of foreclosure, and have your boyfriend apply for the mortgage on the new house, if he can.
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