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Has anyone surrendered a house in Colorado?

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    Has anyone surrendered a house in Colorado?

    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

    #2
    I am in Colorado, and going thru the same thing as well. I am no expert, but my understanding is that what castle, meinhold and stawiarski told you is correct. To the best of my knowledge you ARE responsible for the property until 75 days after the foreclosure sale. Now I believe that what Chase told you is also correct, you could deed the property over to them if they are willing to accept it. If Chase accepts a deed in lieu, then I think this would end the foreclosure sale and end your responsibility for the property.

    As for what your attorney told you, I cant help but wonder if you and I have the same attorney. 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.

    Again I am no expert on the subject, just telling you what my understanding of it is.
    12.10.2007 Filed CH 7
    01.14.2008 341 Meeting
    03.14.2008 No Objections filed :yahoo: :clapping:
    03.27.2008 Discharge of Debtor :yahoo: :yahoo: :yahoo:

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