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. Customer:
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.