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How do or can you quit claim deed versus deed in lieu back to the lender for a home included in bankruptcy in 2009?

Ellenwood, GA |

I have moved out of the home and want to get the deed out of my name but I do not want them to foreclose. What can I do?

Attorney Answers 3

  1. Contact the lender and offer a deed in lieu of foreclosure.

  2. The bank will not take a quitclaim deed, which is basically you giving them the property or whatever your interest in the property is. You want a deed a lieu which is that you give them the property and they forego a foreclosure.

    This is not intended to create an attorney client relationship and none is to be implied either. You must contact an attorney and present all facts before you can and should act on this response

  3. Unfortunately you cannot force the bank not to foreclose (unless there is some language in your 2009 bankruptcy proceeding that sets forth a process for you to walk away). You can offer a deed in lieu of foreclosure but they do not have to accept it and they may require some additional disclosures. You may want to discuss the matter with your bankruptcy counsel to determine whether there is any adverse impact on your bankruptcy proceeding or what your options are.

    Disclosure: This answer and any information contained in this answer is not intended to be treated as legal advice. It is for informational purposes to educate about legal issues. You should contact an attorney for specific legal advice for your situation. Specific legal advice based on full knowledge of your specific situation and all facts may differ from general information. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia. If this is a Georgia matter, you may of course contact me to discuss possible representation. FEEDBACK: Both AVVO and other readers are interested in your feedback on the quality of the answers. Please check the “thumbs up” symbol if you find an answer helpful.

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