Can you change your mind on surrendering after discharge??

[pattygg5]

Have no desire to do this, but was curious. Surrendered home in b/k.. Discharged 11/09, but bank has of course not even started f/c. Big pain, thought this would be over. I was told that the bank doesn't have to take the home back??? could they possibly work out a new deal and let you keep your home, which would mean you could change your mind and not surrender your home?? Sorry if this is a lame question, I'm just so curious and this board has all the answers!!!

[justbroke]

Absolutely not. The debt is now discharged and you don't owe the bank. If you'd like to keep paying (retain and continue to pay), then just do so. The bank will not foreclose if your payments are up to date.

Yes, they could work out a new deal, but you don't owe them anything. You could even (possibly, and I've only seen this once!) file a Chapter 13 to cure any arrearages and continue to stay.

The real question, though... will remain, is it worth it? I'm assuming there's no equity, so the place is underwater by some amount.

In the end, what's done is done. If your discharge has been granted, then the debt was discharged. Also, it's still early if you were discharged in 11/09/2009. It takes time for the paperwork to be generated by an attorney for foreclosure. Not to mention, that they have to go find the original note too, in order to submit it -- or a "true" copy of it -- as evidence with the foreclosure suit.