Question About Chpt 13 & Surrendering Home

[kevin1]

Part of my chapt 13 plan is to surrender my home. In talks with my attorney I came away thinking I could stay until a foreclosure, or at least for some length of time until the mortgage company took action. After receiving the plan filed with the court, it says I agree to surrender the home in 30 days from the date of the plan filing, which was 2 weeks ago.

Obviously I will be asking my attorney for clarification, but can anyone here clarify what this means? Does surrender in 30 days mean I have to be out, or does it mean the mortgage company can start their process to foreclose? Or does it mean they don't even have to foreclose?

Thanks!

[lrprn]

Does surrender in 30 days mean I have to be out, or does it mean the mortgage company can start their process to foreclose? Or does it mean they don't even have to foreclose?

Do be sure to confirm this with your lawyer, but normally this means that the mortgage company can start foreclosure proceedings in 30 days. By "surrender the home' it means you are aware the process to take your home will begin in 30 days.

However, Florida often plows its own path around home foreclosures, so do call your attorney for clarification in your specific situation.

[AKA]

Kevin, going through something similar...surrendering my house in a 13. When you state, `surrender the home in 30 days from the date of the plan filing' do you mean 30 days from filing for the 13 or 30 days from when the plan is confirmed and filed by the trustee w/ the court?