question on surrendering home

[freshstart10]

i filled in mid january. i am surrendering my home as well. today i got a letter from the mortgage company moving for relief of stay.

im wondering if this is because i told them im surrendering the house and im out of it already? is this so they can get in house and winterize it?

is this anything i should worry about ?

thanks

[justbroke]

i filled in mid january. i am surrendering my home as well. today i got a letter from the mortgage company moving for relief of stay.

im wondering if this is because i told them im surrendering the house and im out of it already? is this so they can get in house and winterize it?

is this anything i should worry about ?

thanks

Nothing to worry about, since you are surrendering.

The mortgage company is following the rules to the letter. They are required to file a motion to get the automatic stay lifted as to your property. They will be granted this motion and the stay will be lifted. They will be allowed to pursue what they can an in rem action. That just means that they can go after the property, but not you personally.

Nothing else.

Even if they do get the relief granted... it may be some time before a proper foreclosure action is taken and executed. You are still technically responsible for the property until the deed changes hands.

Having wrote that, I wouldn't personally worry about winterizing. However, I would worry about liability.

Are you still in the home?

[freshstart10]

i moved out already, but i kept the water and heat on, the mortgage company told me to leave it on for a month or so. i am going to pay the homeowners for a few months too, but i did stop paying the taxes and hoa fees.


the paperwork they sent me had a hearing date on it, do i have to go to that?

[justbroke]

the paperwork they sent me had a hearing date on it, do i have to go to that?

No, you need not attend the hearing. They will get their motion by default.