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J.M. Cook, P.A. | J.M. Cook
You can't. Major problem in surrender cases is you can't make someone take a deed. You could record a quitclaim deed yourself, "quitclaiming" your interest to the bank. Little chance it would work though.
Answer Applies to: North Carolina
Replied: 1/19/2012
Law Office of Susan G. Taylor | Susan G. Taylor
The bank will eventually post the home for foreclosure although, after filing Ch. 7, should report only the bankruptcy & not the foreclosure on your credit report. Even though you surrendered it during the bankruptcy, they follow their normal course of foreclosure in order to convey clear title.
Answer Applies to: Texas
Replied: 1/19/2012
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can't make them take it back. If you have vacated you have to make sure there are no code violations until they foreclose. Keep the grass watered and cut, pick up trash ect. If you don't the ticket will be on you.
Answer Applies to: California
Replied: 1/17/2012
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You cannot force a bank to take a deed in lieu of foreclosure. The bank will need to foreclose instead. This can be a problem for you since you want to move on after your bankruptcy discharge. You can occupy the property without paying your mortgage payment in the mean time.
Answer Applies to: California
Replied: 1/17/2012
Ashman Law Office | Glen Edward Ashman
As I am sure your lawyer explained to you, you can't. And if you didn't have a lawyer, not knowing that may affect you in the future.
Answer Applies to: Georgia
Replied: 1/17/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
You can offer them a deed in lieu or push them to push through with the foreclosure.
Answer Applies to: Indiana
Replied: 1/17/2012
Diefer Law Group, P.C. | Abel Fernandez
You can call the bank to see if they will do a deed in lieu of foreclosure. It will be up to the bank to accept to take the property back without foreclosing on it but most banks are open to that idea to avoid court costs.
Answer Applies to: California
Replied: 1/17/2012
The Law Office of Jill Rose Quinn | Jill Rose Quinn
You can't make a bank take a deed back. They have their own way of taking title and they get to choose how they want to do it.
Answer Applies to: Illinois
Replied: 1/17/2012
The Schreiber Law Firm | Jeffrey D. Schreiber
You can't as they have to accept the Deed. There may be reasons why they would not want the Deed and would rather foreclose, particularly if you had a second mortgage or other liens. The bank would have to foreclose to remove those liens. Taking a Deed from you would not do that.
Answer Applies to: California
Replied: 1/17/2012
The Law Office of Darren Aronow, PC | Darren Aronow
You have to request a "deed in lieu of foreclosure" and then they will review your application and decide if they will take the house back or not. If you have liens attached to your house, they probably will not take it and may prefer to let it go to foreclosure so that they get a clean title when it is foreclosed.
Answer Applies to: New York
Replied: 1/17/2012
Law Office of Christine A. Wilton | Christine Wilton
This is a great question and there are reasons for banks to delay that the courts are now seeing as a way for the bank to avoid paying property taxes or HOA dues that continue to accrue. You'll need to work directly with the bank. If they haven't foreclosed, consider a Short Sale. In a short sale situation, you're helping the bank by getting a bona fide purchaser for them and this will help you by transferring title to this property out of your name. Get a realtor to list the property and find you a buyer and approach the bank. If you don't take any action at all, you could be liable for taxes and HOA dues.
Answer Applies to: California
Replied: 1/17/2012
Carballo Law Offices | Tony E. Carballo
You cannot make the bank take back a property.
Answer Applies to: California
Replied: 1/17/2012
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Unfortunately, you can't make them take the deed. Many banks are not foreclosing on homes because they don't want the liability or the expense of upkeep. Some suggested uses, assuming that you are not living there, let a friend or relative live there, they pay the electrical and heat, and water(if necessary), don't pay the property taxes, and they live there for basically free, knowing that the bank could foreclose or that it is going back for taxes in 2-3 years depending on when the taxes were last paid.
Answer Applies to: Michigan
Replied: 1/17/2012
