Am I liable for my home after bankruptcy and why? 11 Answers as of June 29, 2015

I walked away from my house after bankruptcy. Am I still liable for the property? Do I need to still pay any property insurance? There has since been squatters living in the home and the police said that they cant get them to leave. They said I need to pay for an eviction process. Is this still my responsibility?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
If you listed the debt and you did NOT reaffirm the mortgage, you are fine. This is the mortgage company's responsibility. Good luck!
Answer Applies to: Colorado
Replied: 6/29/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Consult with your bankruptcy lawyer to get the precise history of what happened, and what it means. Your obligation on the mortgage note has been discharged, but that does not automatically transfer the real estate to the mortgage-lender. You can offer to surrender the property to the lender, but if there may be junior lienholders, such as judgment creditors, out there, the mortgage lender may want to be sure to foreclose out those other interests as well. Why not notify the mortgage holder (by certified mail, with return receipt) that you have moved out, that you want them to take over the care of the property, and that there are squatters living in it and no doubt failing to maintain it.
Answer Applies to: Wisconsin
Replied: 6/26/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If your name is still on title then you are responsible post bankruptcy. You should keep up the insurance to protect yourself until title transfers. Look at the county recorders office to see if the bank took the house or if you still own it. If you still own it go see a knowledgeable local attorney - one who understands real property and bankruptcy laws. They can help you decide what your best course of action is.
Answer Applies to: California
Replied: 6/26/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Even though you may have signed a statement saying you INTENDED to surrender the property, that is not the same thing as taking the steps to actually surrender the property. This is a pretty common misconception and people often find out that they have heavy responsibilities for taxes, HOA fees, and liability to the squatters living on the premises who blow themselves up in their mini meth labs. Sounds like you need to pay attention to this nightmare with legal action before it turns into a catastrophe of massive proportions.
Answer Applies to: Nevada
Replied: 6/26/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
Leaving the home doesn't cut off your responsibility. That's why a short sale is always a good idea.
Answer Applies to: California
Replied: 6/26/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes it is your home on the deed. You don't "walk" away from a home just because you filed bankruptcy. The bankruptcy just wipes out the personal liability for the mortgage debt. You are still liable for everything else.
    Answer Applies to: New York
    Replied: 6/26/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Even though the obligation to pay the mortgage loan was discharged, the property remains titled in your name. As the owner, you are responsible for maintaining the property, for paying taxes, and you could be liable for any injuries that are the result of negligence. Until the property is either sold or foreclosed upon you are still the owner of record.
    Answer Applies to: Colorado
    Replied: 6/26/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, unfortunately you are still liable for property until it has been conveyed to someone else, such as your mortgage lender, and the lenders have not moved very fast in many cases. You should continue to carry insurance on the property until it is out of your hands, because you could be held liable for anything that might happen on your property. Usually the most effective thing to do is contact your mortgage lender and offer to give them the deed in lieu of a foreclosure. Tell them about the squatters and let them evict them. Another option is to ask the city to condemn the property as a public nuisance. They probably have liens on the property anyway, so they could foreclose on those liens and force your mortgage lender to take action to protect their investment.
    Answer Applies to: Oregon
    Replied: 6/25/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you are liable for code enforcement problems since you own it. It could years before the bank forecloses. You can not make them take it back.
    Answer Applies to: California
    Replied: 6/25/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Yes. It is still your responsibility until it is foreclosed. If someone gets hurt on the property, you are liable. You need insurance.
    Answer Applies to: Washington
    Replied: 6/25/2015
    Ronald K. Nims LLC | Ronald K. Nims
    As the owner, you are still liable on post bankruptcy expenses of the house. So you need to maintain insurance, keep the house from being a nuisance to the neighborhood, annual taxes.
    Answer Applies to: Ohio
    Replied: 6/25/2015
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