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Chapter 13 Surrender of underwater rental property

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    Chapter 13 Surrender of underwater rental property

    First time poster, I wanted to share my experience so far. Apologies if this is rudimentary but I figure it might help someone like me who has no experience in this field.

    I have a very underwater condo property (thanks 2007-2010) currently rented out to tenants that would cost me up to $75k to repair and sell. Additionally I am losing money every month I rent it out as the fair market rent barely covers expenses. Other than this property I am very financially secure (primary home purchased in 2013 with 50%+ down, no other debt, several hundred thousand in liquid non-retirement savings/investments, etc). I talked to a lawyer about my options as taking a $75k loss on a property I don't want was not sitting well with me.

    The lawyer advised that I could simply file Chapter 13, and the plan would include language that I would continue to pay off my primary home mortgage as normal, and surrender my rental property to the bank to fulfill all obligations. In the lawyer's experience, the big banks are too busy or don't want to spend the money on lawyers to contest the filing. As long as the plan was confirmed and/or the deadline to submit claims passed, I would be "safe" and the bank would be legally bound to follow the plan of taking my rental property back. I also had to have some debt to pay off in the plan, so my credit card debt ($800) would become the repayment plan, payable over 6 months.

    Well, it went off without a hitch. The bank never responded to the Chapter 13 plan. The trustee had no issues with my plan. It was confirmed last week by a judge. Talk about a huge weight off my shoulders.

    Now, all I have to do is make my last 3 months of payments to the trustee to get the discharge. Then wait for the bank to foreclose. Since the language of the plan (confirmed by a judge) says the surrender of the property fulfills ALL obligations, they cannot come after me for the deficiency.

    My credit will take a hit, but I don't plan on or need to borrow for the foreseeable future so I was willing to take the hit.

    Just wanted to share my story for all of those people in a similar situation. There is help available. I am told this only really works if your mortgage is held by a big bank since a smaller community bank or credit union will likely contest the plan. There was also the risk that the big bank decided to contest my plan. But for $75k I was willing to take that risk and it appears to have paid off.

    Hope this helps someone.

    #2
    The main reason we filed Chapter 13 was to avoid the deficiency on an underwater rental property. Now, if only the bank would foreclose...
    Chapter 13 - May 2014
    Broke but not broken...

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      #3
      How long have you been waiting? Which bank? I just recently received a "motion for relief from automatic stay" which what I am told means the bank wants to foreclose during the bk. I am 5 months into my 6 month plan. Hopefully this means things are in motion.

      Comment


        #4
        I am EXTREMELY interested in this thread. If I understand your post, you said that your bankruptcy plan:
        • Surrendered an underwater house back to the bank.
        • Included legal text that denied the bank's ability to pursue you for the unsecured part of the house loan.
        • Paid off your credit card debt under C-13 in just a few months.


        My question is: my understanding (which may be in error) is that even if a property is surrendered, the bank can still file a claim to be part of the pool of unsecured creditors and get "something." And the means test will make the plan run 36 or 60 months. So your situation has peaked my interest. I'd love to know more details about how it worked.

        In my situation:
        • I am getting divorced.
        • One of my rental properties is very underwater. I'd LOVE to get rid of it.
        • I have a crapload of credit card debt to unload. I am not in a 100% plan and it will be 60 long months.
        • The divorce agreement requires me to protect my (almost) ex-wife from being sued over credit issues.
        • If I surrender the house, my attorney has said the bank will foreclose, then come after both me and the ex for the unsecured portion of the loan. So I can't surrender this house without dragging my ex into court and getting in trouble with the divorce judge.

        Thanks!

        Comment


          #5
          Yes your understanding is correct. I can't comment on the divorce part of this, sorry. Or if the bank can go after the deficiency in some cases. In my case the lawyer said that it was a risk that the bank would file objections to the plan. But they didn't do so before the plan was confirmed and so there is nothing they can do now since the plan says the surrender fulfills all obligations. My plan did not require 36 or more months, only 6. My credit card debt was only 1000 so maybe that had some factor in it.

          Hope this helps.

          Comment

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