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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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I surrendered my home while going through chapter 13. The house

Customer Question

I surrendered my home while going through chapter 13. The house has not been foreclosed and the mortgage company has not taken possession of it as of yet. We surrendered our home a little over a year ago. Is it possible to re take possession of our still empty home. Could we contact the mortgage company and make arrangements? Are we still responsible for the maintenance of the house and yard?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 2 years ago.
Unfortunately, Texas has no statutory right of redemption, which would allow a party whose property has been foreclosed to reclaim that property by making payment in full of the sum of the unpaid loan plus costs. This does not mean you cannot attempt to work something out with he mortgage company. It just means that the mortgage company does not have to agree to make any arrangements. But it is worth the try. Technically now, you are like a tenant if you live in the home. You are not responsible for maintenance of the house and yard unless you were living there and there was some sort of agreement with the mortgage company.