Legal Question in Bankruptcy in Ohio

I am in Ohio, my Chapter 7 bankruptcy was discharged on two years ago that included our home (the home is filled with black mold, that is the reason for the bankruptcy). We vacated the home before the bankruptcy was even discharged. The bank is dragging their feet on the forclosure and the property is still in our name. I know we will be elidgable for another home loan in about a year BUT with the home still being in our name, it won't be possible. We were sent a dead-in-leiu of but they want us to take responsibility for damages that have occured from the time we vacated until now which I am not willing to do - THAT IS THE REASON WE HAD TO LEAVE. The black mold was not covered under insurance because it was deemed pre-exsisting and we could not afford to gut our entire downstair. We were sick ALL the time - all 5 of us, deathly ill. How do I get this horrible house out of my name or speed up this process? I feel like the bank is just continuing to torture us on this - we got taken my the previous owner, the insurance company and had to demolish our credit to be well!! I am SO upset!! Please help!!


Asked on 9/10/12, 9:12 am

1 Answer from Attorneys
Charles Andersen Charles Andersen, Atty

San Diego Bankruptcy Attorney It would be difficult or impossible to make the bank act faster on the foreclosure. You should talk to an Ohio real estate lawyer, not a bankruptcy lawyer, concerning whether their is any cause of action in ohio that could force them to act.

However the bankruptcy is discharged and you no longer owe anything on the mortgages. You should be able to get a bank to give you a new home loan even with the old home still being legally in your name. Talk to a few banks before you give up.

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Answered on 9/10/12, 11:09 am


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