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Roger, Attorney
Category: Legal
Satisfied Customers: 30910
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If I file for bankruptcy in 2011 and file my mortgage under

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If I file for bankruptcy in 2011 and file my mortgage under bankruptcy because BOA said there was not solution for a modification and my lawyer told me I needed to turn the keys over to them, which I call to make arrangement to do so and no paper work was forwarded to me. I was event told at that time I should fine another place to stay. When I call to find out what happen to the paperwork, another company was serving my loan. Do I have to start over again and provide them with my finances after I told them I didn't want the house and that I request a deed in lieu.

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Was your mortgage discharged through your bankruptcy filing?


Roger : If your mortgage was discharged, then you're not required to do anything further in regard to the property.
Roger : Once the debt is discharged, the lender has the right to recover it through foreclosure and take possession.

I was told that in order for them to take possession, I needed to do a deed in lieu.

Roger : You can execute a deed in lieu of foreclosure if you want to assist the lender in forgoing the foreclosure, but it is not required.
Roger : You CAN in order to allow them to avoid having to foreclose, but you don't have to.

Do I need to stay in the house or have someone stay there?

Roger : You don't have to, but you can until the foreclosure is completed.
Roger : .....or until you issue a deed in lieu of foreclosure.

So are you saying I don't have to do anything?

Roger : If you've been discharged of the debt, you don't have to do anything.
Roger : The lender has the ability/right to foreclose without you signing anything.
Roger : You can accommodate the lender and sign a deed in lieu, which will help them out in terms of not having to bear the expense of foreclosing, but you don't have to.

Will I have to pay any money toward the house if it foreclose?

Roger : No, not if you were discharged of the debt.

If I do that will I have to provide them with my finances?

Roger : You shouldn't because you've been discharged - - so there's no recovery available to it from you.

Thanks for your time.

Roger : Sure. No problem. Glad to help.
Roger : Please let me know if you need anything further.

I will.

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