legally what can they do?

[michaelrj9]

My BK was discharged in march. I don't think the bank has done anything on the foreclosure process yet. (not that I am aware of)


Winter is coming and it gets cold in the chicagoland area.

What legaly can they do if I don't have electricity & gas on and the pipes freeze etc?
Do I have to have the electricity and gas on?

What can they do?

Also It is a townhouse and I am liable for the homeowners dues I guess.

I wanted to stop paying the homeowners dues (because no money) but do not want to mess up my credit over it. Can I stop paying until I get a letter to go to court or something like that. If I did get a letter like that then I would have to pay or then I would have a judgement or something like that against me. Right?


Thanks for your help

Michael

[Kingxray]

Did you include the townhouse in your BK? We surrendered our house and included it in the BK. I turned off the elect., gas, etc. and cancelled the homeowners policy. Since then the bank (or somebody) has turned on the elect., gas, and is even cutting the lawn. The bank also issued a homeowners policy just to cover the amount owed and tried to charge us but we did not pay. They are in the process of the foreclosure proceedings as of now.

I think it really all depends on if you included it in the BK. If it is included in the Bk, I wouldn't pay anything. But to be sure check with your lawyer.

[michaelrj9]

Did you include the townhouse in your BK? We surrendered our house and included it in the BK. I turned off the elect., gas, etc. and cancelled the homeowners policy. Since then the bank (or somebody) has turned on the elect., gas, and is even cutting the lawn. The bank also issued a homeowners policy just to cover the amount owed and tried to charge us but we did not pay. They are in the process of the foreclosure proceedings as of now.

I think it really all depends on if you included it in the BK. If it is included in the Bk, I wouldn't pay anything. But to be sure check with your lawyer.

Hi, It was included in the BK.

But I thought I read on here you are still liable for everything until the deed is transfered over.

Am I missing something?

Thanks

Michael

[Kingxray]

I heard that too but I asked our lawyer several times and he said we are surrendering the house, so we aren't liable. So far so good. The water co. threatened a lien on the house if we didn't pay the bill (go ahead, ha) but that has been about it. The bank got an insurance policy so at least they are covered. The house we are surrendering is also in IL.

[whipster1]

You are only liable for the HOA fees if any before discharge, but since you are discharged there is no way you are on the hook methinks...Definitely an attorney question though.

[Flowers]

where are you living?

[debbie42]

I have asked my lawyer this question so many times...he swears up and down if the home is included in BK, you are no longer responsible for it -not to pay for a thing...it would be so much easier if the bank would just take it asap...my husband still goes over to cut the grass periodically and the water and power are off. I have read all over the place (on here and elsewhere) that until it's in the bank's name, it's your responsibility. We kept the h/o ins. through about the time we should be discharged and I am not renewing it. I know this isn't that helpful, just want to let you know other people stopped paying for these things too. It's sad because the new owner will get a great deal but have to fix the pool, and who knows what else from air being off (we are in S FL so opposite problem from where you are-worried about mold, etc. rather than pipes freezing).

[michaelrj9]

where are you living?

I actually moved to Alabama (Huntsville) but the house is in Channahon, IL. I still have family up in Illinois and I visit them often.

[ohio]

I really do think it depends on the state or county you live in as to what you are legally responsible for. I asked 2 lawyers here in Ohio, Summit County and both vehemently told me to make sure I keep up the property when I move and to keep the homeowner's insurance on it til it's out of my name.

I sure wish there was a way to know really what is required. They told me if someone got hurt on my property or in the house, (even if they broke in) I could be held responsible for any injuries. If the property wasn't kept up the city could fine me and if I didn't pay the fines, I could have a warrant out for my arrest.

So, I don't know. Sure scares me though 'cause I am going to be 600 miles away and I will have no idea what is going on with my house and property.

[OhioFiler]

I really do think it depends on the state or county you live in as to what you are legally responsible for. I asked 2 lawyers here in Ohio, Summit County and both vehemently told me to make sure I keep up the property when I move and to keep the homeowner's insurance on it til it's out of my name.

I sure wish there was a way to know really what is required. They told me if someone got hurt on my property or in the house, (even if they broke in) I could be held responsible for any injuries. If the property wasn't kept up the city could fine me and if I didn't pay the fines, I could have a warrant out for my arrest.

So, I don't know. Sure scares me though 'cause I am going to be 600 miles away and I will have no idea what is going on with my house and property.

Both those attorneys are correct. Until the title transfers to the bank you are liable for the property. If you move 600 miles away and some thugs turn your abandoned property into a crack house, you're responsible. If some punk uses it to sleep in, falls down the steps and breaks his neck...you're responsible.

The likelihood of being fined by the city is low. Most in this area will bill you for the maintenance but attach a lien to the property if you don't pay.

[aljohnson007]

I am in a similiar situation. I IIB a mobile home with land that had final judgement of foreclosure on 9/2 with sheriff's sale on 10/7. My Ch7 was discharged and closed 9/22. BofA file a motion on 9/28 to vacate the foreclosure judgement and sale leaving me on the title. I filed a response objecting to the motion and it is now awaiting decision. For all Floridians, FL Statue 718.116 (1)(a) states the homeowner is personally liable for all fees and assessments up to transfer of title.

[hereforinfo]

If you turn off the electricity and water, just call the bank and let them know you have are doing that and have abandoned the home. Most likely they will send someone out to secure the property and turn on whatever services are necessary to protect the property.

[ohio]

OhioFiler: I wish all this wasn't true. Man, I hate this situation!
Btw, Anyone heard of Safeguard Properties, LLC? Got a postcard from them that they are "conducting a monthly audit on behalf of Chase Manhattan Mortgage in order to verify the occupancy of your property" Has a number to call to confirm I am presently residing at this property.

I called gave them the number on the card and she said thank you and that was that.
Looks like Chase is on the ball!