[VIDEO]: How will surrendering your home in a Chapter 7 Bankruptcy affect your foreclosure defense?
Federal Bankruptcy Judges in South Florida have found that “surrender” of a property in a Chapter 7 bankruptcy cannot conceivably mean that you are giving up all your rights in the foreclosure case. There is now the argument that even after you surrender your property in a Chapter 7 Bankruptcy you can assert certain defenses, including standing; Standing is an essential element that the banks must prove in a foreclosure action. Without proper standing, the bank does not have the legal right to foreclose.
Courts are finally beginning to realize that just because you surrender your property does not mean you surrender your rights!