Chapter 7 - I surrendered condo back to lender. The lender has called a hearing prior to the discharge date. Is this normal?

Asked over 1 year ago - Miami, FL

The lender states the hearing is to expedite the process of relaying the options I have with them prior to the discharge. I believe Deed in lieu of foreclosure would be the fastest way for the lender to get the property back.

Additional information

This is a Motion from Relief of stay filed by the Creditor FNMA and authorized Servicer of the loan. Filed in the United States Bankruptcy Court.

Attorney answers (4)

  1. Todd Michael Boudreaux

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . There is no way to answer your question without knowing more information. If you have an attorney representing you, you need to ask your attorney. If you do not have an attorney, you need to consider hiring one. While filing bankurptcy without an attorney may save you a little bit of money, not knowing what you are doing will cost you much more in the end.

  2. Rex Edward Russo

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . Your question defies a reasonable interpretation. Do you have an attorney? If so, ask your attorney. What do you mean by: "the lender has called a hearing?" Do you mean the lender scheduled a hearing? On what motion (what does the motion ask for)? In what court, the bankruptcy court or circuit court? But to answer your question as best I can - BANKS DON'T DO MUCH OF ANYTHING NORMAL ANYMORE. It's possible that they want to forgive some of the indebtedness and possibly do so in a way that they can take credit for it under a settlement with the government, although you have every intention of discharging it anyway. Is it Bank of America?

    The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many... more
  3. Patrick Begley

    Contributor Level 14

    2

    Lawyers agree

    1

    Answered . Yes a motion for relief from stay is a commonly filed motion with the courts.

    The information provided in this post is not "legal advice." Rather it is general information on common legal... more
  4. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . You need to have an attorney (or your current attorney handle this). If you sign a deed in Lieu and the terms (language) do not clearly lay out that you are surrendering the property and transfering all liability attahced to the house, you could be reaffirming debt that you do not need to be taking on.

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,691 answers this week

2,997 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,691 answers this week

2,997 attorneys answering