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?
1 Answer from Attorneys
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.