You're at the mercy of the banks, and the process can move very slowly. I have seen this most strikingly when Countrywide was the original lender. Those loans were taken over by Bank of America and have not been processed for foreclosure yet, allowing some homeowners to remain in their homes for up to four years without making a mortgage payment. That is correct -- four years!
More importantly for you now, you are still responsible for the homeowners association, or HOA, dues. You did successfully eliminate any HOA dues owed prior to your December 2010 bankruptcy filing, but you are liable for any post-filing dues. I tell all my clients with HOA dues they must make those payments after filing for bankruptcy. Almost all listen. The occasional one does not, and I have seen a few clients sued for HOA dues after a bankruptcy filing.
I hope you are still living in the property. If so, then just consider the HOA dues to be a very low monthly rental payment. You are helping out the other members of the association cover necessary monthly HOA expenses. At the same time, you are not paying the mortgage, property taxes or insurance. This is a pretty good deal.
If you have moved out, you still have to pay the HOA. Maybe you can find a friend or family member who needs temporary housing. That person can pay the dues while maintaining the property until the bank eventually forecloses.
You could try to short sell the property. In a short sale, you sell the property for less than what is owed. There are literally thousands of mortgage brokers or salespersons who would take the listing to sell the house for you. And you would not have to pay anything to anyone, nor would selling the property impose any new liability for the mortgage loan. Since you are still the owner, you have the right to sell the property.
Ask the adviser
To ask a question of the Bankruptcy Adviser, go to the "Ask the Experts" page and select "Bankruptcy" as the topic. Read more Bankruptcy Adviser columns and more stories about debt management.
Bankrate's content, including the guidance of its advice-and-expert columns and this website, is intended only to assist you with financial decisions. The content is broad in scope and does not consider your personal financial situation. Bankrate recommends that you seek the advice of advisers who are fully aware of your individual circumstances before making any final decisions or implementing any financial strategy. Please remember that your use of this website is governed by Bankrate's Terms of Use.