Can I donate my home, since the bank refuses to foreclose or take it back? 7 Answers as of April 12, 2011

After filing bankruptcy on a home and the title still in my name and the bank will not take back, can I donate the home to some kind of organization, since the bank refuses to foreclose or take back?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Did you file a Ch 7 or a Ch 13? This questions needs further information to be answered. If you are in WA, contact us and we can talk about it. We offer free consultations.
Answer Applies to: Washington
Replied: 4/12/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
No, you may not donate your house. Your home is still subject to the mortgage that is attached to it. If you are not making payments, and you do not plan on making payments, the mortgage company has a right and a claim to the house. If you are looking to wrap up any loose ends then you could deed your property to the mortgage company. The mortgage company does not have to approve or agree to the deed, you can have an attorney draft the deed and record it. Otherwise, the mortgage company will foreclose at some point and pursuant to your discharge, they will not be able to seek recourse against you - please note that you will receive the notices of foreclosure as they are required by law.
Answer Applies to: New Hampshire
Replied: 4/12/2011
Benson Law Firm
Benson Law Firm | David Benson
You may be able to donate the property to a local land bank. Their purpose is to return vacant and abandoned property to productive use through such things as rehabilitation of imperiled structures, reclaiming and selling land to adjoining property owners, or converting private land into neighborhood parks or community gardens.
Answer Applies to: Ohio
Replied: 4/11/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
You don't own the house. You cannot donate something you do not own. The bank now owns the house. If you bankrupt the house, move out and let them deal with it.
Answer Applies to: Alabama
Replied: 4/11/2011
Bankruptcy Law Office of Robert Weed
Bankruptcy Law Office of Robert Weed | Robert Weed
That's a great idea, but I don't know of any place you can do that.
Answer Applies to: Virginia
Replied: 4/11/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    If you surrendered the home in the bankruptcy case through the Statement of Intention, all you own is a right to possession. Regardless of what you own, I can only advise you about this orally as the explanation is too long.
    Answer Applies to: California
    Replied: 4/11/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Who would you donate it to? Why would any organization want it? They would still have to pay the mortgages to keep it. Eventually the bank will take it back.
    Answer Applies to: California
    Replied: 4/11/2011
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