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attyadvisor
attyadvisor, Attorney
Category: Bankruptcy Law
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Experience:  25 years of Bankruptcy
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My Chapter 7 bankruptcy was discharged a few months ago in

Resolved Question:

My Chapter 7 bankruptcy was discharged a few months ago in Alabama. I've just received notice of force-placed insurance being purchased for a house that was surrendered as part of the bankruptcy. Am I on the hook for this? Can I quit-claim the deed back to the bank to avoid being responsible for insurance. Do I have to notify them if I do? There's no telling how long it'll take the bank to actually assume possession of the property.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  attyadvisor replied 2 years ago.
Hello and thank you for your question.

Did the lender provide you with this notice?

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Yes, the lender (USBank) sent the notice. After the bankruptcy, I stopped paying the homeowners insurance, so the lender invoked their right to purchase insurance on my behalf. I assume they're taking their time to foreclose so the deed is probably still in my name. Does this clear it up? I'm not sure what additional info you're looking for, but I'll be happy to provide as much as you need. Just let me know what info to provide.

Expert:  attyadvisor replied 2 years ago.
Unfortunately they can charge for you for the insurance until they foreclose. However, you may want to see if the lender will accept a deed in lieu of foreclosure and wash your hands of the whole situation. That would give the lender the ability to have the deed to the house without going through the process of foreclosure and save them money.
Customer: replied 2 years ago.

A little more detail please. So even with surrendering the house during bankruptcy, they still have to go through the foreclosure process?


 


Also, my question regarding a quit-claim wasn't addressed.


 


Thanks.

Expert:  attyadvisor replied 2 years ago.

In looking back over my answer I can see that it may have been confusing, I apologize. A deed in lieu of foreclosure is the type of deed that the lender must have to stop the foreclosure. A quit claim deed will not achieve this goal nor would the bank accept a quit claim deed.

Chapter 7 does not stop a foreclosure, it merely delays (stays) the foreclosure. When you file for Chapter 7 an automatic stay prohibits most creditors from continuing collection efforts. This does not apply to foreclosures and the lender retains the right to foreclose. It stops (stays) the process until the Bankruptcy is completed. They ask the court to lift the stay so they can proceed with foreclosure and the court grants their motion.

I have been seeing a great deal of questions lately where the homeowner was lead to believe that a Chapter 13 or 7 would stop a foreclosure and this is not the case. I am not certain whether bankruptcy attorneys are not informing their client's of this or if it is a misunderstanding on the homeowners part.

Please let me know if you additional questions for me as it would be pleasure to continue to assist you with this matter.

Thank you.

attyadvisor, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3880
Experience: 25 years of Bankruptcy
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