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Have been staying and paying, but want to give up house soon, what happens?

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    Have been staying and paying, but want to give up house soon, what happens?

    Hi, any info or advice would be great. I filed chp 7 last April, was discharged in Sept, and I did not sign any reaffirmation on house. I have been continuing making pmts on it and never been late so far. Now I am planning on letting it go and being out of there in June or July. How do I do all this? Just walk away? Stop paying now? will they evict me right away if I don't make this month's pmt and it hits March 15? Do I call the motgage company and tell them I am gonna be leaving? They can't hold me to the motgage and sue me since I did not sign a reaffirmation right? I just don't know how all this goes. thanks.

    #2
    u can just walk away free and clear
    Filed chapter 7 on 9/17 341 on 10/20
    Chapter 7 Trustee's Report of No Distribution on 10/21
    Discharged and Case Closed on 12/21/2010

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      #3
      You are free and clear of the mortgage and any more negative reporting; however I think leaving by June or July is probably a little premature. You have at least 8 months to a year or longer depending on your lender before they complete the foreclosure process and you are finally asked to leave.

      At the end of this process you can request cash for keys to help with a move. Unless you have to get out by June or July for some other reason, why not just live rent free and put your extra money into savings for a while?

      ST
      Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
      Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
      10/12 EXP. 681

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        #4
        OP, just be sure to answer any foreclosure notices or default notice with requests to see documents, etc. In fact, you might want to apply for a loan modification, to slow the process down.

        Does anyone have thoughts on someone (me) in an active Chapter 13, but now wanting to dump the home? Do you think I will be able to stay longer than a Chapter 7? About the same?

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