Under Ch 13, if someone surrenders a house before foreclosure, will the foreclosure be on their credit alongside the bnkrptcy?

3 months delinquent on mortgage when filed Ch 13 & bank wouldn't accept deed in lieu.
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Ian C. White

Ian C. White

Contributor Level 4
Have you turned over the house yet? Was this your primary residence? I'm not quite sure why you would surrender your house (assuming it was your primary residence) when filing for protection under Chapter 13 bankruptcy. Your attorney can cram down the mortgage so that any arrearage amount would be paid over the 5-year period. If your issue is the fact that you have a significant drop in income and the bankruptcy payments will be impossible to do if you keep the house, then I understand. To answer the question on how this all affects your credit....if you surrender the house, you are basically giving it back to the lender. It would be up to the lender to decide whether they report the action. The bank may not have accepted your deed-in-lieu, but even if it had, most banks still report this type of activity as a foreclosure. Were you trying to get a deed-in-lieu without recourse or with recourse?

You basically just skipped the legal step of having to go through a court action on the foreclosure. Therefore, in addition to your credit being dinged for the Chapter 13 bankruptcy, the lender may also report the turning over of the house as a foreclosure action. It doesn't really matter. Your credit has been significantly impacted by the bankrupcty filing regardless. I wouldn't necessarily focus on your credit score right now. Just get your financial house in order and in a few years of positive activity and money saved, you will find a lender willing to assist you.
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