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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have filed for chapter 7 in Oklahoma offering surrender of

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I have filed for chapter 7 in Oklahoma offering surrender of my primary residence. The mortgage holder on my land/home requested and was granted a relief from the automatic stay and the trustee was directed to abandon the property in September 2009.

Now the lein holder/mortgage company wants me to sign a deed in leiu of foreclosure. The document releases me of any and all personam and in rem liability and all indebtedness to the lender. My question...can I sign this document prior to discharge without the courts approval?

Thank you for your question.

you may sign the deed in lieu of foreclosure even though you are still in the bankruptcy because the trustee has abandoned the property and the creditor has obtained relief from stay
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