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How do I Surrender my House in a Bankruptcy?

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Question Detail: My house was included in my Utah bankruptcy 2 years ago but I’ve maintained payments. How do I go about surrendering the house? Do I just write a letter referencing the bankruptcy and include the keys? Also, does being behind in payments affect this process? I may not be able to make any more payments. Will that be a factor a couple months from now?

Answer: In most states, if you are currently in bankruptcy, you can walk away from the house and not have personal liability for that property from that point in time. The lender’s only recourse is to foreclose on the house, take repossession of it, and receive any proceeds through the sale of the property. Generally when you need to surrender the house back to the lender, the most direct route is to contact the lender, inform the lender of your decision, and make arrangements to deliver the keys to the property. If you are currently in bankruptcy, the lender may insist on working through Utah bankruptcy lawyers.

Written By: Ryan Swapp Legal Review By: Craig Swapp

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