Legal Question in Bankruptcy in Florida

We have paid our final payment in chap 13 bankruptcy but have not received our discharge yet.. we surrendered a house in the bankruptcy, but they still haven't foreclosed on it after 3 years..can we quit claim the property to someone else for a $1000?

Asked on 7/03/13, 12:44 am

3 Answers from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

No, you cannot quitclaim the home to someone else besides perhaps the lender.

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Answered on 7/03/13, 4:27 am

Sanford M. Martin Sanford M. Martin, P.A.

Also, Chap 13 bankruptcy and foreclosure are two different processes. Banks or lenders control foreclosure and often wait, for various reasons, several years. Chap 13 awaits the

Trustee to make a final accounting and ask the court to close the case. You can still work

out a DIL (deed in lieu) with your lender to resolve the foreclosure, but often banks will not

mediate, renegotiate, or modify the terms, for whatever reason serves their objectives.

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Answered on 7/03/13, 6:27 am
Charles Andersen Charles Andersen, Atty

After three years things start to change a little bit due to laches on the part of the creditor. So long as the buyer has full knowledge that the bank can foreclose the house at any time without further notice, I suppose it's allright, but speak with a local attorney first.


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Answered on 7/05/13, 6:12 pm

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