Voluntary foreclosure in Ch. 13

[RJR2]

My wife and I are at the tail end of our Chapter 13 and for several reasons, we have decided to surrender our house. We stopped making our payments about 3 months ago and was working with our attorney on doing the surrender. However, on Saturday we got a letter from the trustee stating that was basically a confirmation of the surrender. As far as I know, my lawyer had not filed anything yet.

So, my questions are, can the bank do that with the trustee without us having any say?

Second, does anyone know how quickly one would have to move out in this situation? I am located in Missouri.

I have these questions into my attorney but it may take a couple of days to get answers so I thought I would see if anyone on here would have knowledge regarding this.

[puggymoo]

my understanding is even though you are surrendering the house they still have to go through the foreclosure process. I believe you can stay until they kick you out. This is what we should of done. We moved because we had 2 offers but bank rejected them. We surrendered house in Dec. but it forecloses on Jan 25th.