Legal Question in Bankruptcy in Florida

"I had a chapter 7 bankruptcy that I filed pro se back in June of 2008. It was discharged in Nov of 2008, my home was included to be surrendered. I am still in my home about to move out soon as the mortgage company was granted relief of the stay after my discharged. So expectedly they began the foreclosure process back in February of 2009. I got served in July of 2009 with the foreclosure papers.Here in Southwest Florida the foreclosure process is taking about a year and a half due to the amount of foreclosures and unemployment rates at 10%.I did however file a motion to dismiss and the court have not even ruled on the motion as yet. I also did file my answer to the court on the foreclosure law suit within the time frame required (30 days).But I am ready to leave the home now because I have tried to work out a modification with the bank but they are not helping, (Countrywide now BOA Home Loans) I am starting a new career in a different area were there are jobs with a greater income. So my question today is:

How do I surrender the home to the bank , do I just mail the keys to their attorney or do I send them to the bank's address.Thank you for your response."


Asked on 10/07/09, 2:31 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

The nicest thing to do would be to mail the keys to the attorney and tell them you will sign a quitclaim over to them. You aren't required to do anything nice, you aren't required to do anything at all, but it's something you could consider.

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Answered on 10/07/09, 3:06 pm


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