Notice of Abandonment

[Boscoe]

Question: I have filed a chap 7 and been discharged, but did not include in or surrender my primary residence. The lender never sent a reaffirmation agreement to my attorney, so none was filed with the court.

I have continued to make on-time payments and all is well with that. However, in order to have the bank re-establish my online privileges with my mtg loan, they are asking for either a "no asset" or "notice of abandonment" from the bk trustee.

Since mine is an asset case, it would need to be the latter, but I don't see anything that says the trustee would ever provide such a thing. Further, my home was 100% covered by available exemptions, so was not part of the bk estate.

Anyone know what this is referring to our what options may be out there?

[BKTango]

It could be possible they are just looking for reassurance the trustee/court is not looking at the house as an asset to take. If they were to receive the no-asset or in your case, a notice of abandonment from the trustee it would mean the trustee is through with at the least the house part of your estate. Otherwise they can't allow you access to your account online because it would conflict with the open bk policy. Even though your home was covered by exemptions, it is still considered part of the bk estate until the trustee abandons it.

If you have received your discharge papers you might try sending them a copy and seeing if that may work.

[Boscoe]

Thanks Tango. Yes, I called my attorney and she is going to put together something about abandoning my primary residence and send it to the trustee. The trustee will then add his comments and motion then file it with the bk court to abandon. Once 15 days passes with no objections, it is deemed abandoned.

Then I will fax this to the bank and I should be in business.

[sol1899]

it costs 150.00 to file a motion to compell abandonment in my area. do you have equity in your property? please let us know this works out for you. I know my situation is totally different but but your experience on this might be a great help.