My property was discharged in Chapter 7 bankruptcy am I still responsible for property insurance? 13 Answers as of October 16, 2012

I filed bankruptcy in 2009 and have purchased another home I submitted my keys to Green Tree because I could not afford the mortgage payment and I am still receiving letters from them.

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Law Office of Norman Moore
Law Office of Norman Moore | Norman P Moore Jr
Contact your bankruptcy attorney. He may need to get involved. You no longer have an ownership interest in the home so they should not be contacting you about insuring the property.
Answer Applies to: Wisconsin
Replied: 10/16/2012
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Please call an attorney.
Answer Applies to: Maryland
Replied: 10/15/2012
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
If you're still title owner on the property, you are still liable for any damage to a third party as a result of the property-for example a slip and fall. However, for general property loss the bank normally insures the property at its own cost since it is the one that would ultimately lose out should the property burn down or be damaged in some other way. You are not required to carry property damage insurance.
Answer Applies to: Nevada
Replied: 10/15/2012
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
You should keep insurance on the house until the title transfers.
Answer Applies to: Arizona
Replied: 10/15/2012
Stephens Gourley & Bywater | David A. Stephens
Property does not get a discharge. Debts get a discharge. If the property is still in your name you have a duty to insure it. However, most banks will insure property that secures a debt if the owner is not insuring it. The bank will only insure it against loss and damage. There will not be any liability insurance.
Answer Applies to: Nevada
Replied: 10/15/2012
    Attorney At Law | Harry D. Roth
    You are not responsible for the insurance. However, you are still responsible if there is an injury on your property because you still own it. Even if no-one is living there, my advice to you is to keep insurance on the property to protect yourself from claims. Unfortunately, Green Tree cannot be forced to complete the foreclosure and, until they do, you are still responsible if someone is injured on your property. H
    Answer Applies to: California
    Replied: 10/15/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Just because you submitted your keys, does not mean they have accepted it. The bankruptcy discharged the note, but the mortgage is still in your name. Unless you executed a deed in lieu of foreclosure, then sending the keys to the bank does not accomplish anything. To answer your question, if the property is still in your name, generally the bank will pay "forced place insurance", but since you may not have disposed of the property properly, you may want to find out if there is insurance so you do not risk a lawsuit.
    Answer Applies to: New York
    Replied: 10/15/2012
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You are still responsible for providing for & paying for home owners insurance as long as your name is on the title to the property. As many lenders are slow to proceed with foreclosures, particularly after a bankruptcy, you may wish to consider whether you can get your name off of the title to the property through a short sale.
    Answer Applies to: Nevada
    Replied: 10/15/2012
    William Bidwell, Attorney at Law | Bill Bidwell
    You are not responsible on the old mortgage if you included the mortgage on the bankruptcy schedule. You are responsible for a mortgage not reported in the bankruptcy petition.
    Answer Applies to: Michigan
    Replied: 10/15/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The debt, not the property, was discharged. If you keep the property, you have to pay to stay there, property taxes and insurance are part of what must be paid. If you have let the property be foreclosed upon, you no longer own it.
    Answer Applies to: Florida
    Replied: 10/15/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you surrendered the home through your case, you are not responsible on the loan.
    Answer Applies to: California
    Replied: 10/15/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You are responsible until it is foreclosed for code enforcement and person injury. Keep the insurance up. You could be sued if someone busted in and got hurt there. The city could give you tickets for not maintaining the property.
    Answer Applies to: California
    Replied: 10/15/2012
    LAW OFFICE OF MARGARET L. EVANS, PC
    LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
    If the home purchase was made after the discharge, then that previous bankruptcy has nothing to do with the action this creditor is taking. You will continue to receive letters until Green Tree forecloses or allows you to conduct a short sale or convey to them via a deed-in-lieu of foreclosure.
    Answer Applies to: South Carolina
    Replied: 10/15/2012
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