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Timeframes for handing over real estate property?

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    Timeframes for handing over real estate property?

    I have a property currently in foreclosure and have filed for bankruptcy. I put on the form that I will be surrendering the property back to the bank. What happens now? How long do I have and am able to stay in the property? Who do I give the keys to? What about utilities? Winter is coming and it will be cold soon. I do not want to be responsible for anything that might happen to the property when I leave. Also, I read somewhere that you have 45 days from when you file to vacate the property and that the lender must take it back within that time frame or it is presumed to be forfeited? Is this true? Any advice is appreciated.

    #2
    Originally posted by Robbie View Post
    I have a property currently in foreclosure and have filed for bankruptcy. I put on the form that I will be surrendering the property back to the bank. What happens now? How long do I have and am able to stay in the property? Who do I give the keys to? What about utilities? Winter is coming and it will be cold soon. I do not want to be responsible for anything that might happen to the property when I leave. Also, I read somewhere that you have 45 days from when you file to vacate the property and that the lender must take it back within that time frame or it is presumed to be forfeited? Is this true? Any advice is appreciated.
    In which state is this property?
    C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
    Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!

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      #3
      Property is located in Rhode Island. I just need to know how long I have until I am forced to move.

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        #4
        Many here have stayed in their homes throughout bk. It all depends on the lender and if the property has any equity. If it is under water, back taxes due and HOA monthly fees, they most likely will be in no rush to foreclose. If there are HOA fees, just a reminder that this is new debt after filing date and won't be discharged.
        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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          #5
          I have not heard one word yet from BOA. My 341 is the 27th maybe after that they will tell me to get out.. but until then I have a home. We are keeping it up so the neighborhood looks good, so when they take it back it will be in good shape. It is not our intentions to hurt anyone, even though we have been destroyed..

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