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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11626
Experience:  JD, MBA
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If my ex. turnes his house back over to the mortgage co. and

Resolved Question:

If my ex. turnes his house back over to the mortgage co. and says they can have it and he will not pay any moore, what do you think will happen to the house, and his credit? Tipton co, tenn.   Cann he get an appt. in colorado if his credit is crap?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 5 years ago.
Hello and thank you for allowing me the opportunity to assist you.

A person can't simply turn is house back over to the mortgage company and tell them that he's not going to pay any more. He can only do that if the mortgage company voluntarily agrees to accept the house. Otherwise, there will eventually be a foreclosure.

What you're suggesting your ex do is called a "deed in lieu of foreclosure," and that's where the mortgage company voluntarily agrees to accept the deed to the house, and in return it releases your ex of liability for the mortgage. But if the mortgage company does not agree to that, and your ex refuses to pay for the mortgage, then his credit will be badly damaged and the mortgage company will foreclose. Surely there will be some apartment managers that will take him even with bad credit, but many will not. He'll probably have the best luck with private landlords (i.e., people renting condos, etc.) rather than large buildings managed by management companies.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
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