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You or your lawyer should negotiate the date of surrender. You will not usually have long, but some mortgagees may be willing to let the bankrupt stay if the pay a "use and occupancy" fee in lieu of rent. Again, only until they can finish whatever needs to be done to sell the house at auction.

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17y ago

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Related Questions

How soon after filing chapter 7 can you sale a house it paid for so you can move?

As soon as your discharged


Is it a requirement to list your house as an asset when filing for chapter 7 if there is no equity in it?

When filing for bankruptcy, you must list any assets you own regardless of their value.


How soon after Chapter 7 bankruptcy can you have the title to a house or condo given to you?

Why should you get the title? If the debt is secured by the condo or house, you cannot get a discharge of that debt unless you surrender the asset in the chapter 7.


Do we have to pay taxes on a house that we gave up filing for chapter 7 bankrupsy 2 years ago?

No


Can someone transfer a house into your name while filing chapter 13 bankruptcy?

You should check with a Lawyer concerning transfer of property and Chapter 13 bankruptcy. Some things are legal and some things could bring a conviction of fraud and prison time. Sometimes there is an extremely thin line between the two! I assume that whoever is filing Chapter 13 has a lawyer. That would be the person to check with.


Can you file chapter 13 but not want to keep home?

Sure...you can not want to keep the house without filing BK too


After filing chapter 13 do you have to move out of your house any period of time?

Generally you should not have to because a chapter 13 protects your assets through the payment plan you filed with the court.


Can I purchase another house if my house was discharge in chapter 7 but is not in foreclosure I'm still making my payments and living on it?

If your chapter 7 has been closed, yes - if you can find a lender for another mortgage. Your credit scores will have lowered because of the filing and discharge.


How does chapter 13 affect deficiency of judgment if foreclosure is emminent and house is unwanted?

Surrender the asset (house) to the mortgage holder. Any deficiency will be added to the chapter 13 plan to the same extent as other unsecured debt. You may want to convert to a 7 if the 13 was to try to save the house.


Are you obligated to make house payments if you file chapter 7?

Yes. A bankruptcy does not cover Housing so the debt will not be wiped out. Either pay or surrender the property.


How do you surrender a house to the bank for chapter 7. No bank will cooperate.?

The ONLY "bank" you can/should speak to is the one that has the mortgage (no one else would be interested or can do anything other than buy the house - and they probably have more than they want)...that is the one you pay (or aren't) to. They'll want to talk with you....tell them your probably filing BK and interested in doing a "friendly" foreclosure to do the right thing for everybody involved.


CAN I QUALIFAY FOR A HOUSE LOAN IF I HAD CHAPTER 13?

Yes it is possible to qualify for a mortgage despite a Chapter 13 bankruptcy filing. In a Chapter 13 filing the debtor agrees to a court structured debt repayment schedule. Typically, after making payments on time to creditors as required by the bankruptcy agreement an individual can be discharged by the Court from the Chapter 13 proceeding. Once discharged from bankruptcy an individual can apply for a mortgage. Each bank has different rules about how soon someone can apply for a mortgage after a bankruptcy. Most people coming out of bankruptcy apply for an FHA mortgage loan since this program has the most lenient underwriting standards.