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Lawn care before the sheriff's sale

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    Lawn care before the sheriff's sale

    If you give up your house in chapter 13 plan and move out do you need to cut the grass if sheriff sale is still 2 month's away. Home has HOA with subdivision. I have moved out and dont want to go back and cut grass. Will HOA cut the grass and bill me for service's.

    #2
    Your HOA contract should spell out what your responsibilities are.

    Just because you file bankruptcy and intend to surrender the house doesn't mean all your responsibilities as the legal owner of the home disappear.

    Until your lender takes legal possession of the home (and that could be many months), you remain the legal homeowner. That means if someone falls on your property and are injured, you will be held responsible. That's why many bk lawyers recommend keeping at least minimal liability insurance on the home until the lender takes legal ownership.

    Same for paying your HOA fees. Any debts that accrue *AFTER* filing - like your monthly HOA fees - are often yours to pay. It depends on the state you live in and the HOA contract you signed.

    Ask your lawyer about your HOA fees and if you should keep some kind of insurance on the home until it's legally repossessed.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      The house has insurance, just really worried about lawncare. Does anyone have experience with this in indiana.

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        #4
        If you are still responsible for the HOA fees, and you will get a fine if the yard isnt kept up - i would assume you need to keep up the yard - but I am only guessing!

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          #5
          My Lawyer told me not to worry about any HOA fees because sheriff sale is before dues are over 1 month late.

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