proceedings begun. Claim on note dismissed because of bankruptcy discharge. In this case there is a significant junior lien so the bank cannot merely accept deed in lieu of foreclosure. I understand foreclosure is a quasi in rem proceeding - it is not against the property itself but the mortgagee's interests in the property. The bankruptcy was over 5 years ago. We tried to continue making the mtg payments but after a while that was no longer possible. It seems that we already took a credit hit because of the bankruptcy discharge - but it seems with our names on the foreclosure proceeding, we will take another hit when it goes through. I am not seeing any cases in Vermont where this has been done, but the attorney for the bank seems to be inclined to go along with this if it were possible without prejudicing the bank's interests - couldn't our names be taken off of as defendants and simply name the property or the title on the property as the subject of the proceeding, such as "in re Title on property #(and give the state tax map number)" ?
And if this is not possible, couldn't we just quit claim deed it to someone just to get our names off of the title to render the proceeding against us moot?