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If surrender my property in a Chap. 7 would it take my name off the loan or deed automatically after bankrupt?
We live i nN .Y. State
2 Answers
- sophiebLv 77 years ago
First of all NY would be the same as here because you'd file bankruptcy in a Federal Court.. So the laws were changed a few years ago and the judge now requires that instead of immediately putting thru a Chapter 7 that you try to make a repayment schedule first thru a Chapter 13 so he will probably send you to Credability first to see if anything could be worked out so you can repay your creditors in part. So why not go onto the internet to the Credability website and set an appointment and see if you can repay in a five year repayment program.
You should do your bankruptcy thru an attorney who takes their time with you because you very well may be able to save your home even in a Chapter 7, there's a form you'd submit to the court for that. Same for yur vehicle. So why would you want to surrender your property? But of course if you want to get out from under totally with noplace to go then tell the attorney that.
When you go into bankruptcy there is a stay, and you've already listed all those places you owe so they would be contacted to let them know you are in a bankruptcy and while you're in court and no Chapter 7 order by the judge has been placed well those creditors can't call you and demand money. Then the judge makes his decision. I don't know what that would be.
If you are in foreclosure there is a HARP loan you could get that maybe would solve your home problem, so set up an appointment first with a real estate attorney (for free) and ask if that could be solved. Then file with credability and if that doesn't work out then file for the bankruptcy (all in that order)..
- Anonymous7 years ago
No - if you continue to make your payment to the lender they will keep taking your money - But if you stop making the payment they will foreclose on you and take the house back.
In order to do a Harp Loan which the first responder advised - you must be current on your loan and some banks require that you re-affirm the note. Your loan must currently be owned by FNMA or Freddie Mac - you can check their websites to see if they own your property
Good Luck - Hope this helps
Source(s): Mortgage Underwriter for 27 years