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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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On May 10th we received our Ch 7 discharge of joint debtors .

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On May 10th we received our Ch 7 "discharge of joint debtors". In our petition we agreed not to keep residence. On may 24 we received a demand letter for full payment from an attorney.. At the same time we received a letter from mtge. company offering a deed in lieu of foreclosure. I tried to contact our attorney and couldn't get past a clerk, who said our case was closed. "we wish you the best of luck". Our question is which should we do and what will be the results of each?
Please confirm you did not reaffirm the debt?
Customer: replied 5 years ago.
We agreed to give up residence per attorney recs.
Customer: replied 5 years ago.
we agrred not to reaffirm

So sorry to hear of your dilemma.I am a Florida lawyer and I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

You will want to send the attorney a copy of your discharge and a copy of the statement of intentions from your bankruptcy petition. It is against the law for him to take any further action to attempt to collect the debt that has been discharged. It is likely that the attorneys records just have not caught up yet with the bankruptcy records
Customer: replied 5 years ago.
I thought so. What about second letter offering a deed in lieu of foreclosure. I did call and was told since we were not reaffirming this was route to go. Process would take less than 30 days & we would have to move right away. When I told her I was 70 diagnosed in the last month with parkinsons she asked how much time did we think we needed.
You can send the mortgage company the same documents as the attorney. There is no reason for you to do a deed in lieu of foreclosure. When you are ready to move out you appear able do so without further liability to the lender.
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