Question: Surrender Property in AZ, HELP!

[bkaz]

I have put down on my Chapter 7 my house which I marked for Surrender. I haven't lived there since late 2008 and don't want it.
I just got a letter from Lawyers representing Chase Home Finance LLC asking for 25,000 for the missed payments, late fees, and attorney fees.
It says if I do not offer them a payback plan they will be forced to seek relief from the stay.
Can they get anything from me? Is there anything else I need to do on the Chapter 7 besides surrender the property? (like add Chase Home Finance to schedule D as a secured creditor?)
I thought by surrendering they could not get me for anything?
Please help as this freaking me out a little.

Thanks in advance!

[Meatstick]

If your surrendering the property and havent lived there let Chase do as they please. They just want the relief so they can proceed with foreclosure if they choose to do so.

[bkaz]

If your surrendering the property and havent lived there let Chase do as they please. They just want the relief so they can proceed with foreclosure if they choose to do so.

Thanks man! I really appreciate the response.

So I should just stand pat and not worry about them, then.

I need to file my discharge bankruptcy financial education certificates with the court asap I think.

I filed on 02/17/10
and my 341 meeting was 03/22.

I think I will do that on Friday.

Thanks again!

[SMinGA]

I'm surprised they are asking for moneY? Unless there is some sort of disclaimer about bankruptcy and informational purposes only.

Even though your intent is to surrender the home, due to the stay they must still take certain steps before taking the house back. That is probably the path they are on.

[bkaz]

I'm surprised they are asking for moneY? Unless there is some sort of disclaimer about bankruptcy and informational purposes only.

Even though your intent is to surrender the home, due to the stay they must still take certain steps before taking the house back. That is probably the path they are on.

Yes I don't know why they would ask for Money???

But I hope they take that house back soon, soon, soon. They can have it. I need the HOA out of my hair and don't want to have to pay them post discharge.

[bkaz]

Bump.

Just got document from Chase Morgagte LLC Attorney filing for relief from stay in BK court. Said I have 14 days to respond.

I am surrendering the home and do not want it more than can be imagined.
Can these bastards take a dime from me? Haven't lived at the house since late 2008 and missed 17 payments. 25,000 grand they wanted.

Also, do I need to reply formally to the court or just let it go?

I pray to God that they actually want the property, want to take the property and want to foreclose and auction it. I need my name of that god damned Deed.

Thanks.

[optimistic1]

AZ is a non-deficiency state, you should have no worries post discharge. That is just to get your account current if you wanted to keep it.

[idainc]

BKAZ - What date did you file ?

[bkaz]

I filed on 2/17/10.
My 341 was on 3/22/10 and I think it went well. The Trustee didn't really say much except have a nice day and thank you at the end.

[idainc]

Thats encouraging. You filed on 2/17 and the Chase atty. waited until 4/02 to send you a notice of a motion stay lift hearing for around 4/16 ? And from what I understand if you dont contest it the sale is rescheduled for about two weeks form the hearing. Thats roughly from 2/17 until about May 1. 10 week delay. I'm in a similar situation.

Thank you for replying.

[bkaz]

OK so are you saying that Chase is going to for sure take back the house and auction it? Therefore removing me from the Deed? I've been reading a lot that the banks aren't taking the houses back and just leaving them in a "shadow inventory". Please fill me in if you have had experience with this.

Thank you.

[idainc]

OK so are you saying that Chase is going to for sure take back the house and auction it? Therefore removing me from the Deed? I've been reading a lot that the banks aren't taking the houses back and just leaving them in a "shadow inventory". Please fill me in if you have had experience with this.

Thank you.

Yes, I've read the same thing. I'd suspect that if they have a sale date set it will at least change hands back to Chase at firs then on to a sales company. I have no expereince in this.

What struck me about the timing of your filing / 341 / and the mtion hearing - coupled with attorney advice I've received - is that there seems to be a 10 week delay.

How close to the trustee sale date did you file ?

[bkaz]

Yes, I've read the same thing. I'd suspect that if they have a sale date set it will at least change hands back to Chase at firs then on to a sales company. I have no expereince in this.

What struck me about the timing of your filing / 341 / and the mtion hearing - coupled with attorney advice I've received - is that there seems to be a 10 week delay.

How close to the trustee sale date did you file ?

I got nothing from Chase until I filed for Chapter 7. First a letter asking if I want to reaffirm or if I plan to surrender the property. in my bankruptcy I said I was surrendering. I called Chase and told them this and that I do not want the house anymore. All I got was run around and was told to call the Property Preservation department (who didn't answer the phone, and who's VM box was full no less). I then got a letter from a law firm representing Chase and they were basically saying I owed Chase 25,000 and I can send them in writing a payment plan. I called the law firm the next day and told them I have no intention of paying them anything and that I am surrendering the property.
Then I got the letter showing that Chase is filing for relief from the automatic stay.
No sale date was ever in the works for my house as far as I know. All this was set in motion by my filing.
You saying that they are going to foreclose and have a sale is a surprise to me, as I have been reading that it can sit for as long as the Bank wants the house to sit and that in most cases they are in no hurry to take the house back and auction it. Have you heard different?
Thanks.

[idainc]

I got nothing from Chase until I filed for Chapter 7. First a letter asking if I want to reaffirm or if I plan to surrender the property. in my bankruptcy I said I was surrendering. I called Chase and told them this and that I do not want the house anymore. All I got was run around and was told to call the Property Preservation department (who didn't answer the phone, and who's VM box was full no less). I then got a letter from a law firm representing Chase and they were basically saying I owed Chase 25,000 and I can send them in writing a payment plan. I called the law firm the next day and told them I have no intention of paying them anything and that I am surrendering the property.
Then I got the letter showing that Chase is filing for relief from the automatic stay.
No sale date was ever in the works for my house as far as I know. All this was set in motion by my filing.
You saying that they are going to foreclose and have a sale is a surprise to me, as I have been reading that it can sit for as long as the Bank wants the house to sit and that in most cases they are in no hurry to take the house back and auction it. Have you heard different?
Thanks.

Mine goes back to the end of August when I got a letter saying they planned to foreclose. They offerred a three month forebearance and said not to do anything until I got the paperwork which of course after repeated calls and letters I never got. I did get a NOD in January with a sale date of April 14th. So we're filing a week before. I'm expecting them to take a month to get the Motion into the court, then two weeks to respond then maybe another two weeks to set another sale date about two weeks out.

At some point in that chain of events I plan on talking to them about a pre-agreed on date a little further out in exchange for appliance and a termite treatment which it needs badly and I have the contract in place to do it.

I'd bet they set a sale date for yours soon.