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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30905
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in North Carolina and recently filed chapter 7 bankruptcy

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I live in North Carolina and recently filed chapter 7 bankruptcy which was discharged in May '09. My double wide home was listed in the bankruptcy and claimed non exempt. I have stayed in the home but can no longer keep up the payments due to work slow down. I have not signed any agreements with the mortgage company. Can I voluntarily surrender the home and still have the protection of the bankruptcy?
If you re-affirmed the agreement to pay after the bankruptcy, you are not protected by the bankruptcy and the lendr can foreclose if you default.
Customer: replied 7 years ago.
I did not sign a re-affirmation agreement, so that means the home would be covered under the bankpuptcy? One last thing, would sending the lender a letter surrendering the property surfice? I did not want to sign the binding surrender statement they sent to me.

If you continued making payments during and after the bankruptcy was closed, you reaffirmed the debt by your actions.


You can send a letter offering to surrender the property to the lender. However, bear in mind that if the lender takes the property back and sells it, it can sue you for the difference between what you owe and what the sale generates.

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