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responsibility of rental after discharge before foreclosure

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    responsibility of rental after discharge before foreclosure

    Hi all! I'm hoping someone can answer my question. We included our rental home in the BK ch7 and did not reaffirm. The bank is now in the process of foreclosing. The house is empty. We received a check from our insurance company today stating it was a refund because they are cancelling our homeowners as of Aug 4th. Are we able to cash this? would the bank have paid the insurance if the money had not been in escrow? I dont know if the escrow had enough to cover it or not because we cant get on-line to see our account. Also, would we be liable if someone got hurt on that property before the foreclosure went through? Or is all our responsibility taken care of in the discharge?

    Thank-you

    #2
    You are not responsible for the home, except for liability. You should probably contact the bank and let them know that insurance has lapsed due to the home being unoccupied.

    Anyone who gets injured upon those premises, will be able to sue you. The discharge does not affect your personal liability with that respect, especially since it would have occurred after you filed.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thank-you, I was thinking that would be the case, but hoping differently.

      Comment

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