Legal Question in Real Estate Law in Michigan

Deed-in-lieu of foreclosure

If I turn my house over via deed-in lieu of foreclosure after my bankruptcy has been discharge and I do not have a reaffirmation statement on my home .. what are my liabilities to the mortgage company? Can I just walk away and they are responsible for insurance, etc on the home till they sell it after I inform them of my decision?


Asked on 11/11/05, 4:03 pm

1 Answer from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Deed-in-lieu of foreclosure

It sounds like you are getting bad information or bad advice from someone about a deed in lieu of foreclosure. That is not a decision you can arbitrarily make on your own, but it would have to be by agreement with your mortgage company. If the mortgage company sells your house for less than you owe on it, you owe the deficiency and yes, you can be sued for the deficiency. If the house is damaged while uninsured, you are responsible. Can you add the mortgage company to your list of unsecured creditors by an amendment? If they are not on your list of creditors (Schedule F), you are liable for the deficiency even if you did not sign a reaffirmation agreement.

Read more
Answered on 11/11/05, 4:27 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan