After a Chapter 7 discharge, what kind of letter does a homeowner write so that the lender can re-take possession of the property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
After a Chapter 7 discharge, what kind of letter does a homeowner write so that the lender can re-take possession of the property?
Chapter 7 requires surrendering our primary residence to our lender. I want to write a letter to the lender that we are leaving the property, and that it needs to take possession by changing padlock, etc. in order to protect the property. I need language that conveys this thought.
Asked on January 17, 2011 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You do not need any fancy language or legal mumbo jumbo here. In fact, the wording that you used to convey your question was quite clean and well thought out. You may want to give some specifics in the letter. Something like "as you know we, so and so and so and so, owners of property abc located at 345 sycamore street, anywhere USA, filed for bankruptcy on x date listing the mortgage held by you under mortgage number 1234567. The bankruptcy has since been discharged and we are hereby surrendering the property pursuant to the law. We will be vacating the premises on x date and forwarding the keys." Send it by certified mail return receipt requested and contact the bank to make sure that they received it. Take the names of the parties you speak with. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.