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  1. #1

    Default How to Remove Name from Deed After Surrendering a Home

    My question involves bankruptcy in the state of: MN

    We had a home in WI that we surrendered in chapter 7. Our discharge was in March of 2012 in MN .

    We've not heard a single word from the mortgage company yet and the deed still shows in our name so we are being charged for lawn mowing etc.... even tho we have not lived in the home for over a year. I am told by the lawyer and the city where it is at that the bank will still have to forclose eventually but seem to be taking their sweet time about it.

    Is there any way I can get our name off the deed and thrown back on the bank? We did have a 1st and a 2nd mortgage but both were discharged in our bankruptcy.

    I have read up on quit claims and deeds in Lieu of forclosure but it seems those are only allowed with the mortgage company's blessing and are generally not in the best interest of our interest as the banks would ask us to sign dozens of pages of a contract that would allow them to come after us for the difference owed yet.......even if we already have been discharged of that obligation in our chapter 7 ? Very Confusing ! Can anybody help me get pointed in the right direction please ?


    I live in MN now. House in in WI.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,630

    Default Re: How to Remove Name from Deed After Surrendering a Home

    Is there any way I can get our name off the deed and thrown back on the bank?
    You can ask the bank if they will accept a deed returning the property to them. Other than that, you are kind of stuck with it in your name.

    the bank cannot come after you for a deficiency since the debt was discharged in BK. Of course, if you subsequently obligate yourself to pay the debt, it's a different story.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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