How Do I get The Bank To Take Back

[HHM]

The question is when you surrender a property in bk, does that end your interest?

No.

Bankruptcy only eliminates your personal liability on the mortgage debt. It does not divest you of your ownership interest in the property. Ownership issues are a question of state law (bankruptcy is federal law), if you indicate that you are "surrendering" you home in Bankruptcy, that is merely a notification. The bank must still go through the foreclosure process (or Deed in Lou, or you sell the property) to change ownership.

As I previously mentioned, you can try the Quit Claim route, but if anything were to happen, that quit claim wont stand up.

[aljohnson007]

I don't believe there is any law that prevents one from divesting their interest in anything and in the matter under discussion, the use of a quit claim. Once a QC has been filed, it cannot be reversed - not even the courts can force anyone into taking it back. I don't know how this will finally play out in my case but for now, BofA is the owner of my former property.

[HHM]

I don't believe there is any law that prevents one from divesting their interest in anything and in the matter under discussion, the use of a quit claim. Once a QC has been filed, it cannot be reversed - not even the courts can force anyone into taking it back. I don't know how this will finally play out in my case but for now, BofA is the owner of my former property.

The problem with the Quit Claim is generally, the "receiving" party needs to sign off on it to have legal effect. Just because the county recorder will file it, does not mean it is actually legal.

If you really think about, could you imagine if you quit claimed something to some random person without their knowledge...it wont hold up if someone cared to object.