If you want to get rid of your house by signing the deed over to the mortgage company, you will have to have the permission of the mortgage company. Why? Because the mortgage company can look a gift horse in the mouth and may be unwilling to accept your debt in case there are known or even unknown liens on the property, such as taxes, HOA obligations and other problems. While a foreclosure may not show up on your consumer credit report (unless the foreclosure is by judicial process) because of your bankruptcy, it will show up on an insiders report of foreclosures & will make it difficult for you to obtain new mortgage financing. If this mortgage is federallly insured, the CAIVRS program may even put you on a secret blacklist preventing you from obtaining a new mortgage. So a short sale may be your best way to prevent this problem, but of course, you can't short sell unless the mortgage company agrees.
Answered on May 23rd, 2013 at 4:05 PM