Foreclosure after divorce and BK

[nekom]

To make a long story short, I kept the house in my divorce which was finalized in late 2009. I subsequently decided that I could no longer sustain the place (never really could, in hindsight) and filed CH7, discharged in March 2011, did not reaffirm. My ex-wife wanted the house, and I said why not, what do I care? It's hers or the bank's. I still receive statements and according to them, she has never made a single payment. Today I receive a letter offering the option of a short sale. The letterhead says BOA but it is c/o National Default Servicing LLC. It ends with "P.S. Please call me right away, as the foreclosure process is moving forward." It gives a deadline to respond of March 12.

 

This is the first letter I have ever received with the F word on it, I'm actually sort of surprised it's taken them this long to take such action. My ex-wife would like to continue to live there but she could never afford to. I have NO interest in the house and would love nothing more than for BOA to foreclose and be done with it.

 

So I guess my question is what to expect. I'm in Pennsylvania, will I get certified mail or will a Sheriff have to serve papers? If the latter, should I call them to make arrangements to receive service at a convenient time and place? As far as I'm concerned this will be a voluntary foreclosure on my part, I have no intention of fighting it, hell I'd speed it along if I could. I have no idea what my ex-wife's intentions are though I know for a fact that there is absolutely no way she can right the loan or ever make payments. Can't say I blame her for living there rent free for over a year, actually might have been the sensible thing to do but the inevitable looks to be finally happening. And advice I should give her? I wish her well, but she's just not going to be able to stay where she is, simply can't afford it.

 

Any insight would be appreciated.

[nekom]

Did a little digging into PA rules.

 

Rule 410 states in part that:

(a) In actions involving title to, interest in, possession of, or charges or liens upon real property, original process shall be served upon the defendant in the manner provided by Rule 400 et seq.

 

Rule 400 states in part that:

 

(a) Except as provided in subdivisions ( and © and in Rules 400.1 and 1930.4, original process shall be served within the Commonwealth only by the sheriff.

 

( In addition to service by the sheriff, original process may be served also by a competent adult in the following actions:

 

(1) civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532 or appointment of a receiver under Rule 1533,

 

(2) partition, and

 

(3) declaratory judgment when declaratory relief is the only relief sought.

 

Can any legal eagle out there tell me if a complaint in foreclosure falls into any of these 3 categories or if it must be served by a Sheriff?