QUESTION

What happens to a quit claim a property in bankruptcy?

Asked on Jun 02nd, 2012 on Bankruptcy - Florida
More details to this question:
I placed my property in bankruptcy in 2009 with the intent to redeem the property. I never signed an agreement with the lender to redeem the property. My goal is to transfer title without it affecting my qualifications to buy another property, which is 3 years from discharge date. Can I quit claim the deed to the lender?
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2 ANSWERS

Burton J. Green
I am not quite sure from the information you give whether you filed a chapter 7 or are in a chapter 13. For purposes of answering, I will assume it is a chapter 7, and that you received your discharge sometime in 2009 and that your case is closed. If you indicated that you would surrender the property to the lender, or even if you actually indicated that you would redeem it (something different from surrendering), and the lender has not taken any steps to obtain title through a foreclosure proceeding, then you are still the legal owner of the property. If the lender is willing to take a deed from you in lieu of filing a foreclosure, then the answer is Yes, you can quit claim the property to the lender. There may be some tax consequences if the value of the property is less than the amount that you owe. You should discuss with the lender how it handles the tax issue.
Answered on Jul 10th, 2012 at 3:19 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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What you have mentioned is called a deed in liey of foreclosure. Most lenders will not accept one of them. If you did not reaffirm the mortgage in your bankruptcy, the lender cannot come after you for a deficiency judgment.
Answered on Jul 03rd, 2012 at 12:54 PM

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