charmgoodcredit

How to give keys back to the mortgage company

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Hello we filed bankruptcy 2 years ago and the house we're in was never re-affirmed yet they never kicked us out. So know we have a new house and are leaving this one. How do I send the bank back the keys for this house, do I just call them on my move date and tell them we're vacating the property or just mail the keys back and let them figure it out. Any assistance would be appreciated.

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Hello we filed bankruptcy 2 years ago and the house we're in was never re-affirmed yet they never kicked us out. So know we have a new house and are leaving this one. How do I send the bank back the keys for this house, do I just call them on my move date and tell them we're vacating the property or just mail the keys back and let them figure it out. Any assistance would be appreciated.

Are you still making payments on the house ? I assume not since the mortgage was never re-affirmed . If you want to walk away, then I suggest that you file a "quit claim deed" with the mortgage company. You might want to stipulate that the deed will constitute no other payments due or some such language or the mortgage company may sue you for ''deficiency" ( back payments, etc).

You have not been evicted because more than likely your Mortgage company does not have clear title to the house and therefore no legal recourse for foreclosure etc. The latest news from the State of Mass is that the courts have ruled against foreclosures in which the banks could not produce clear title, in as much as they had sold the mortgages to undisclosed investment groups. This is an ever increasing defense against foreclosures NATIONWIDE and courts are taking a very strong look at this now and I understand that in many cases the mortgage companies are being sued and forced to pay damages to the parties on whom they had foreclosed !

Now before you file a "quit claim deed", DEMAND THAT THE MORTGAGE COMPANY TO SHOW YOU PROOF OF THEIR OWNERSHIP OF YOUR MORTGAGE AND DEMAND THE NAMES OF THE INVESTMENT GROUP/S TO WHICH THEY MAY HAVE SOLD YOUR MORTGAGE THRU A SECURITY TRUST FUND. If they don't have clear title and show proof of ownership, then perhaps they can't legally provide you with a quit claim deed.

The bottom line is this...you might have been able to live in your home indefinitely without making another payment.

Thanks to the internet and forums such as this...the "little guy" has expanded their knowledge base and learning of the fraud and corruption being perpetuated upon so many people by banks, credit card companies and especially DEBT COLLECTORS !

I encourage you and all others similarly situated to investigate your matter thoroughly before you cave in to these guys !

There is nothing sweeter than "POETIC JUSTICE"....I exercise this all of the time. I don't subscribe to "revenge"...but we all should demand justice !

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Thanks for the response but this house is such a hazard I don't want to live here not even for free. Being that the house was included in a bankruptcy and NOT re-affirmed would we even need to do a quick claim deed or could I just write a letter and send the keys to them?

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Thanks for the response but this house is such a hazard I don't want to live here not even for free. Being that the house was included in a bankruptcy and NOT re-affirmed would we even need to do a quick claim deed or could I just write a letter and send the keys to them?

Filing the quit claim deed may work to your advantage down the road when the utility companies come-a-looking for money. Banks will attempt to avoid taking possession of the property in an attempt to avoid liability for these bills when the house sits empty for extended periods of time.

Utility companies aren't the only concern, however. Unpaid dues and assessments from homeowners' associations continue to accrue as well. So too, does responsibility for complying with local codes; lawn, trees, etc.

The further you can distance yourself, the better.

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I think it's not an easy solution to mortgage problems, but hoping to avoid repossession by handing back the keys isn't generally a good idea. Trying to get by long enough to sell the house yourself on the private market is likely to give a more positive outcome than walking away and hoping your mortgage company will keep your best interests in mind when settling the debt.

___________

Personal Bankruptcy

Edited by Loverde

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I think it's not an easy solution to mortgage problems, but hoping to avoid repossession by handing back the keys isn't generally a good idea. Trying to get by long enough to sell the house yourself on the private market is likely to give a more positive outcome than walking away and hoping your mortgage company will keep your best interests in mind when settling the debt.

Thanks for the response but it was include and discharged in bankruptcy so we don't owe them anything, they cannot list it as a bankruptcy and forclousure or repossession so I'm not selling a house that I don't have any rights to and I'm not staying. I just wanted to give them back their keys and property and not have any ties to it at all being that it was discharged 2 years ago in a bankruptcy and THEY are the ones that state each time we call that they are not going to come after us to collect the debt they just exercise their rights against the property.

Thanks to everyone for their help this is what was done:

1. Called the mortgage companies bankruptcy area and informed them of when we where vacating the property.

2. Was then trasferred to mortgage services and they took care of the rest.

We just need to follow up with them in 10 days to make sure that the process has been taken care of.

Mortgage company is ASC(America's Servicing Company)

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