After a Chapter 7 discharge, what kind of letter does a homeowner write so that the lender can re-take possession of the property?

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After a Chapter 7 discharge, what kind of letter does a homeowner write so that the lender can re-take possession of the property?

Chapter 7 requires surrendering our primary residence to our lender. I want to write a letter to the lender that we are leaving the property, and that it needs to take possession by changing padlock, etc. in order to protect the property. I need language that conveys this thought.

Asked on January 17, 2011 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You do not need any fancy language or legal mumbo jumbo here.  In fact, the wording that you used to convey your question was quite clean and well thought out.  You may want to give some specifics in the letter.  Something like "as you know we, so and so and so and so, owners of property abc located at 345 sycamore street, anywhere USA, filed for bankruptcy on x date listing the mortgage held by you under mortgage number 1234567.  The bankruptcy has since been discharged and we are hereby surrendering the property pursuant to the law.  We will be vacating the premises on x date and forwarding the keys."  Send it by certified mail return receipt requested and contact the bank to make sure that they received it.  Take the names of the parties you speak with.  Good luck.


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