Hi all,
I have been on the phone with my attorney, my lender, and their attorney all morning and am really confused. My attorney says (and from everything I've read on my own seems to confirm it) that we should be able to surrender our home even though the sheriff's sale isn't until mid-January. The lender's attorney (castle, meinhold and stawiarski) says that the house is our responsibility until 75 days after the sheriff's sale (the redemption period). The lender (Chase) says the only way we can do it is to file a deed in lieu of foreclosure. We never reaffirmed this debt nor ever stated we wanted to keep it in our bankruptcy that was discharged in mid-October. We moved out a couple of months ago and want to stop paying for the utilities and insurance.
Has anyone had any experience in Colorado specifically? I can't believe that the lender or their attorney would want us to simply abandon the property and stop paying for utilities and insurance.
Thanks, in advance, for any advice. My attorney is working on it as well but you are all so knowledgable I thought I'd put it out there.
Happy, happy new year to all...
sunny
I have been on the phone with my attorney, my lender, and their attorney all morning and am really confused. My attorney says (and from everything I've read on my own seems to confirm it) that we should be able to surrender our home even though the sheriff's sale isn't until mid-January. The lender's attorney (castle, meinhold and stawiarski) says that the house is our responsibility until 75 days after the sheriff's sale (the redemption period). The lender (Chase) says the only way we can do it is to file a deed in lieu of foreclosure. We never reaffirmed this debt nor ever stated we wanted to keep it in our bankruptcy that was discharged in mid-October. We moved out a couple of months ago and want to stop paying for the utilities and insurance.
Has anyone had any experience in Colorado specifically? I can't believe that the lender or their attorney would want us to simply abandon the property and stop paying for utilities and insurance.
Thanks, in advance, for any advice. My attorney is working on it as well but you are all so knowledgable I thought I'd put it out there.
Happy, happy new year to all...
sunny
I have no idea if that is correct or not, but my attorney has told me something similar. This is not the route I am planning on going as of this moment.
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