[VIDEO]: How will surrendering your home in a Chapter 7 Bankruptcy affect your foreclosure defense?
Mon Oct 19, 2015 by Oppenheim Law on Florida Law News
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!
Roy….must the lender still accelerate following the bk discharge? And what about the statute of limitations….does it apply if it has been over 5 years? My home was surrendered in chapter 7 in March of 2008. There was an acceleration in October of 2007…David Stern. Case dismissed w/o prejudice in October 2010. It wasn’t my doing. I wasn’t fighting them. I filed bk to avoid a 100,000.00 deficiency threat as I was so far under water after just 1 year in the house. I never lived in the house for free. I vacated in 2007. The house sat empty for years. Was vandalized, weather beaten, and used by the kids in the neighborhood as party central. I took it back after 6 years and cleaned it up after an attorney advised me of my liability. The whole thing has been a nightmare. Now they’re back. Acting as if nothing happened.