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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 07-26-2005, 02:20 PM
Junior Member
 
Join Date: Jul 2005
Posts: 1
Question

Want to give house to back to the bank!


What is the name of your state?PA
hello
I am 80 years old and vey sick, I have filed for Chapter 7 on my own in April and I now live in a Sr Citizen Apartment complex.!
I put in my chapter 7 papers that I want to give the house back to the bank ASAP! I am worried stiff about the house being empty!
Today I got a motion for Relief from Automatic Stay and For Abandonment: it States that the Movant Prays for an order from this court
1. granting relief from stay and forclose its mortgage on the real property
2. directing the Trustee to abandon his interest in the real property
3. for such other and futher felief as equity and /or las entitles Movant to receive.
all i want is the bank to take the house back will I now have a Forcloseure to deal with?
I owed the bank $22000. If the bank sales the house for $10,000 (just a figure) will bank come after me for the difference?
Do I need the hire a lawyer at this point?
  #2  
Old 07-26-2005, 03:37 PM
Senior Member
 
Join Date: May 2001
Posts: 6,450
If you named the mortgage holder in the bk filing, you will not be responsible for any deficiency balance. Let the bank worry about it.
  #3  
Old 07-26-2005, 06:31 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I agree, you really do not have much to worry about. If you stated you intended to let the bank have the house back in your bankruptcy papers, the court will grant the relief from the Stay, the Trustee won't do anything, and the forclosure will proceed pretty much w/o any further involvement from you. You may get notices for the sale and other legal notices that they must provide by law, but you will be completely free of it due to your bankruptcy. They can not EVER come after you for any deficiency after the sale.
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