Surrenduring house.....what are they asking for this?

[BassBoy]

My wife and I had been advised by our attorney that we should contact the mortgage lender this week because we are vacating our home, which we stated at our 341 that we ARE surrneduring. So, we call and we find out that the lender wants W-2's, 2 recent paystubs, 2 previous bank statements and all of these reasons why we can not pay the mortgage. WHAT IN THE WORLD IS THIS CRAP FOR?! Why do they need all of this? They did say something to the effect of us having to be approved to voluntarily turn the house over to them. And why must they know the circumstances that forced to file BK? Why do they care? We have already been discharged and we haven't made a payment is 6 months, so what difference does it make? I don't understand the need for this crap and is it really necessary? Do I have to send this crap to them?

I'm kind of panicing here because we called our attorney, but we got the answering service (probably because they're still busy these days) and we would be called back within 24 hours. Well, I don't want anymore sleepless nights. I'm done with those for good.

[keepmine]

We have already been discharged and we haven't made a payment is 6 months, so what difference does it make? I don't understand the need for this crap and is it really necessary? Do I have to send this crap to them?


The best response is just silence. You owe them no explanation. Just pack up and move. I would send a letter {CRRR-and keep a copy} with the keys and a short note telling them per your bk filing {include the filing number} you are surrendering your home and they should never contact you about the matter again.

[BassBoy]

Just as you replied, my attorney called (that was quick) and said the same thing. She also said that the lender is most likely wanting to reaffirm the mortgage, and that's the need for the financial information. I thought it was really bizzare that they wanted such information. That was my first thought anyways, but I wasn't sure, so I asked here. Thanks for the reply keepmine.

My attorney also said to ingnore it. Do not reply to their request, and to tell them to not contact us again if they contact us from this point forward. LOL......my attorney also said that their firm is getting sick and tired of these lenders getting their clients all worked up and nervous by making them they think they have to send all of this financial information to the lender, like it could hurt the BK or the client.

Funny thing about this, when I asked specifically what this information was for, and they said to approve release of property, when in fact, it would be to offer reaffirmation, isn't that non-disclosure, WHICH IS AGAINST THE FRIGGIN' LAW!

[SinkingFast]

Glad you didn't get stuck, BassBoy!!

That was really sneaky on the part of the Lender to try and slip in a reaffirm under the table like that.

[BassBoy]

What did they think, that I'm some mindless person who is under their total control and I do whatever they ask because I'm intimidated by them and they have this great power? What idiots. It's too bad I didn't record the conversation (answering machine is packed up for our move this weekend), because I would have loved to.........nevermind. It's not worth getting all worked up over it and venting. It's over, so let it be over.

Thanks for the replies folks.

[SinkingFast]

With all we have going on going thru BK, it woulda been real easy for them to slip it in on you. Bet they counted on your mind being on info overload.

[BassBoy]

I like to think of myself as a good judge of character and I can tell when someone is up to no good, regardless of how much is on my mind. I hope that they don't think everyone is this stupid. I wish I could call that b!#ch back and give her a piece of mind for attempting to do such an act. Wouldn't this be considering ascertaining info under false pretenses?

[CallDustin]

Hello,

Thought I might give a little insight too. I negotiate with bank foreclosure departments for a living and I run across this a lot with mortgage. Usually I can save the home from foreclosure or cash a loan out. What they normally want is a "harship letter" explaining (convincing) to the bank they are walking plus they want additional info to back all of it up. Normally with that information they prove to themselves that it's going down. Although I can get a 40-70% reduction on the mortgage for a quick sale in those situations.

Hope this helps.

[BassBoy]

I haven't visited this thread for a while, so I didn't see the last post. A hardship letter would have been for a special forebearance (already did this once) or a DIL.....none of which I needed to do or wanted to do. I SURRENDERED THE HOUSE!

I know this thread was buried, but for any newbies, it could be useful

[NextLevel]

I'm the sick kinda bast@r|} who would actually send them that crap. Don't care, they don't have my signature, and no verbal authorization, no executed contract, etc.

Then, when they try to get me on failure to meet the (newly 'reaffirmed' mortgage), I'd haul *THEIR* ass into court for FCBA, FDCPA and FCRA violations that would probably, depending upon their (pick one: Stupidity | Greediness), would allow me to pocket some nice vacation cashola.