The noticed intention to surrender property is purely symbolic. The debtor can shout “surrender, surrender, surrender” and it remains their property until there is a foreclosure or sale.
I have filed an adversary to compel a lender to complete a foreclosure of an investment property in Florida where the city has imposed fines and orders to repair and the owner is a debtor in a confirmed Chapter 13 where the property was to be surrendered.
It is a real problem for which there doesn’t seem to be an accepted solution. I have heard of attorneys who file a motion to value the property at $10; pay off the $10 lien, and proceed. Hasn’t happened in my district, to my knowledge.
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3 responses to “Does the Public Think Most Payday loans Get Rolled Over?”
The noticed intention to surrender property is purely symbolic. The debtor can shout “surrender, surrender, surrender” and it remains their property until there is a foreclosure or sale.
I have filed an adversary to compel a lender to complete a foreclosure of an investment property in Florida where the city has imposed fines and orders to repair and the owner is a debtor in a confirmed Chapter 13 where the property was to be surrendered.
It is a real problem for which there doesn’t seem to be an accepted solution. I have heard of attorneys who file a motion to value the property at $10; pay off the $10 lien, and proceed. Hasn’t happened in my district, to my knowledge.
Payday loans are loan sharking by another name.
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