Can a mortgage company still call after discharge of a debt I did not reaffirm on an investment property? 9 Answers as of March 21, 2016

Do I have to continue paying taxes?

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A Fresh Start
A Fresh Start | Dorothy G Bunce
After a bankruptcy discharge, a creditor can call you to inform you of important information about the status of your debt or your property. The creditor cannot call you to attempt to collect a debt discharged in your bankruptcy. Taxes that arise after your bankruptcy would not have been discharged in bankruptcy. If you fail to pay your property taxes, the tax authorities can foreclose or place a lien against your rights in the property.
Answer Applies to: Nevada
Replied: 3/21/2016
Stephens Gourley & Bywater | David A. Stephens
If the mortgage is still secured by real property, then the mortgage company still has rights because it can foreclose on the property. As to taxes, technically you must pay them as long as your name is on the real property. However, many people, if they are giving up the property, stop paying them. Generally the mortgage company would have to pay them when it forecloses on the property.
Answer Applies to: Nevada
Replied: 3/19/2016
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
Generally until title changes by a deed or a foreclosure then you are still the title holder and responsible for taxes etc. even when you surrender said property.
Answer Applies to: Virginia
Replied: 3/19/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No. You don't have to pay the taxes if your intent is to surrender the property. Keep it insured to protect yourself in the event of an accident.
Answer Applies to: California
Replied: 3/19/2016
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
If the property is gone in bankruptcy you do not have to keep paying the taxes and they should stop calling you.
Answer Applies to: New York
Replied: 3/19/2016
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    You don't say what happened to the property. If you surrendered it then no one should contact you about it. You could write them and send a copy of the discharge order. If you still have it, then you need to pay taxes, insurance and the mortgage payments. Generally the mortgage company would just foreclose and not bother calling you. That could be a violation of the discharge order. Please go see a local knowledgeable bankruptcy or debt defense lawyer to fully discuss the matter.
    Answer Applies to: California
    Replied: 3/18/2016
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need the details. The note is gone if it was discharged. The security interest is still valid.
    Answer Applies to: Michigan
    Replied: 3/18/2016
    Ronald K. Nims LLC | Ronald K. Nims
    The mortgage company can't call you in an attempt to collect on the debt. Many mortgage companies refuse to speak with clients who've filed bankruptcy at all, even if the client calls/emails/writes. Some companies will call/email/write in reference to foreclosure, insurance, taxes or other post-bankruptcy issues. In some states, taxes are a personal obligation of the owner but not in Ohio, I see no reason to pay the taxes. You should maintain insurance because if some one is injured on the property or if negligent of the property causes damages to others, you would be personally liable.
    Answer Applies to: Ohio
    Replied: 3/18/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You should discuss this with your lawyer, and if you did not have one in the bankruptcy when you needed one, do so now. Your lawyer will likely tell you that if you do not make the monthly payments, and the property tax, and keep the property insured, the lender is likely to oust you from the property.
    Answer Applies to: Wisconsin
    Replied: 3/18/2016
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