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Florida house surrender after filing intent to reaffirm

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    Florida house surrender after filing intent to reaffirm

    As I understand it in Florida if you want to keep your home you must file a intent to reaffirm and if/when you get reaffirmation papers you MUST sign them in order to keep house.
    Well, I thought we wanted to keep and we stated that we intended to reaffirm the house but now that time has passed and I am really taking a good look at things without my rose colored glasses on, we have decided that we don't want to keep the house as it is underwater more than we originally thought and no longer makes sense to keep. Now we don't want to sign any reaffirmation papers and we want a complete fresh start.
    Now what happens ? I wonder if things will be different because we are in Florida. Will we be able to not sign and then stop paying the mortgage and wait for them to foreclose like people in other states do? I know that some people say they want to reaffirm but really intend to surrender and just say they want to reaffirm so that they can use their mortgage payment as an expense. Since we needed our mortgage payment as an expense I worry that my bk will get messed up because it will appear that we have to much disposable income without that mortgage payment. Is this something that I should be concerned with? Also, can I stop paying the mortgage now ( I should be discharged in mid Nov. ) or wait until after discharge.
    thank you all...
    Southern District of Florida
    Filed Ch 7 - 8/6/09 341 - 9/14/09
    Report of No Distribution - 9/18/09
    DISCHARGE ! 11/23/09 Closed 12/8/09

    #2
    Go back to your attorney and have him change your Statement of Intentions to surrender for the house. He will need to refile the document. My attorney did not charge for this at all. Change it before your discharge, it really only takes a few minutes.

    The foreclosure takes a long time here in Fl. Stop your payments if you are not keeping your house.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      Make sure to sign a new declaration when you change your statement. I forgot the signature page and got a deficience notice but was easily corrected. I would stop paying and stay there until told to leave.
      Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

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        #4
        What about my expenses ? If I change my intent I won't have a mortgage payment on my sch J and then it will look like I have extra money each month.
        Southern District of Florida
        Filed Ch 7 - 8/6/09 341 - 9/14/09
        Report of No Distribution - 9/18/09
        DISCHARGE ! 11/23/09 Closed 12/8/09

        Comment


          #5
          I wouldn't worry about it. So long as you don't sign a reaffirmation agreement you have nothing to worry about.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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            #6
            I believe the rule is that whatever you are contractually liable for on day filing can be claimed as an expense. The previous post re not signing the affirm agreement appears to be the best solution. I did this on a vehicle and was never a problem.
            Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

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