What are our legal obligations if we move out of the house after not reaffirming the mortgage in bankruptcy? 12 Answers as of October 07, 2014

I know we are released of the financial responsibility for the mortgage but how about the ownership part of the equation?

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Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
Although you stated your intention to surrender the house, title will not actually transfer until the foreclosure takes place. So until that time, you will be responsible for any costs associated with owning real estate.
Answer Applies to: Colorado
Replied: 10/7/2014
Steele, George, Schofield & Ramos, LLP
Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
As long as you are on title, you have liability for what takes place on the property and for any HOA assessments. You should continue to pay your liability insurance and your HOA assessments (post-filing).
Answer Applies to: California
Replied: 9/30/2014
Ronald K. Nims LLC | Ronald K. Nims
As long as your name is on the deed, you have ownership liability for the house. This includes maintaining the property, paying the taxes and liability if someone is injured due to the vacant house (usually this would be kids playing in it). If possible you should turn it over to the bank. that would avoid having a foreclosure on your credit record and end you liability.
Answer Applies to: Ohio
Replied: 9/30/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Title will vest in the mortgage company once they do the foreclosure, and NOT sooner.
Answer Applies to: Colorado
Replied: 9/29/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Stay until they kick you out. You can leave without consequence.
Answer Applies to: California
Replied: 9/29/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Filing bankruptcy does not affect the title to real estate unless and until either your or the trustee sells the real estate or title is taken under the foreclosure process. As long as your name is on the title, you are responsible for paying the ongoing expense of the real estate, including taxes, required municipal maintenance, HOA dues. And you are liable if anyone should be injured on your property. So it is important to deal with this issue sooner rather than later. I have clients complain about problems of abandoned property nearly every week.
    Answer Applies to: Nevada
    Replied: 9/29/2014
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    This is one of the great unanswered questions in bankruptcy. Yes, you have no further legal responsibility to the bank for the mortgage. However, you continue to have all liability associated with ownership. That means you are liable if someone slips and falls on the ice on the sidewalk in front of your home, or if it falls into disrepair and someone is injured as a result. You may also be liable to the city or county for failing to maintain the property in accordance with the municipal code.
    Answer Applies to: Utah
    Replied: 9/29/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You are the record owner until you either do a short sale or deed in lieu of foreclosure.
    Answer Applies to: New York
    Replied: 9/29/2014
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Until the bank forecloses on the property, the title remains with you. You are responsible for the upkeep, maintenance, insurance and so on for the property until ownership transfers.
    Answer Applies to: Florida
    Replied: 9/29/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    You still own the house.
    Answer Applies to: Virginia
    Replied: 9/29/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    The bank will foreclose and you will no longer own the home. The bank will resell it.
    Answer Applies to: California
    Replied: 9/29/2014
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