Foreclosure after discharge and property taxes

[Darina]

I've looked but got conflicting answers to this. My lawyer hasn't gotten back to me, probably because I've paid up and am done! LOL

Discharged 12/9/09 mortgage was part of the BK. Last paid my mortgage in Nov 09 (so through end of Nov). Am letting it go and just today got the NOD. Property taxes paid out of escrow account. Property taxes due by 4/10 and haven't been paid. Do I need to pay them? What about in future if they drag their feet on the sale?

This is in LA county. Help?

[justbroke]

You do not need to pay them. They go with the property itself. I'm assuming that you "surrendered" the property in the Bankruptcy. There are several major banks that have been dragging their feet. If they just got around to the NOD that means they are at least starting the ball rolling.

Now, if there are Condo or Homeowner Association fees... those would be your responsibility unless CA has a law similar to Florida where the Bank is responsible for 12 months of fees.

[Darina]

Thank you! Yes I did surrender the property in the BK. I have been paying HOA dues because I did ask my lawyer about that. Not sure why I never thought to ask about the property tax! appreciate the info!

[brad10281]

I'm in the same boat, I asked my lawyer about the taxes and he said not to pay them...not your problem anymore.

[good2free]

I have not paid last two installments (Apr2009 and Dec 2009) and am not going to pay Apr2010 as well.

My layer clearly mentioned that I should not pay those if I am not keeping the house. The first installment of 4000 became 5000 now because of the late fee and interest. Next owner will pay about 14K towards property taxes if the bank sells it before Dec2010. I am staying in this house and I did not reaffirm the mortgage.

Of course I am paying HOA ($115 per month)

Hope this helps.

[uncrunner]

If you are just doing a straight out foreclosure do you need to keep taxes current? What else do you need to keep current?

[HakunaMatata]

If you are just doing a straight out foreclosure do you need to keep taxes current? What else do you need to keep current?

A straight (non BK) foreclosure follows suit. Property taxes attach to the property, not the owner. Maintaining insurance is highly recommended as liability remains yours until the Deed has been transferred. If an injury occurred on your property prior to the Deed transfer, you can be held accountable.

[uncrunner]

Danka shane. Can the bank/gov't double dip you and seek a deficiency judgement and issue you a 1099c and get taxed as well under a Foreclosure? I probably can prove insolvency and it is my primary residence and I know that would help me in a short sale but is foreclosure different?