Do I have to pay fines?

[ChescoChris]

I surrendered my house in October of 2010. Apparently, the bank has not been mowing the yard and now there are code violations.

I am in a chapter 13 with no money to maintain a property 2 hours away. My lawyer says ignore it as the bank has been notified. Anyone have experience?

I did get an email from the bank saying they were aware of the violation and wanted to determine occupancy which is a step in the right direction.

[justbroke]

Technically, you'd be responsible for the fines! If the Bank actually steps in, they may pay the fines and start to actually maintain the property -- which they should under their preservation rights. I hope that this works out for you.

[Bell30656]

One of the bad things about abandoning a property. The bank can wait years before it transfers the house.

[AngelinaCat]

If you have paperwork showing that you surrendered this property to the bank, and they received it, I would go after the Code Enforcement agency and protest. You are no longer responsible in my opinion. Of course, I am not an attorney.

However, about four years after an aunt of mine died, I was treated to a telephone call from some bimbo, during Sunday Dinner, about code violations on a piece of property that my aunt had sold before she died. I was my aunt's representative.

The bimbo got an earful about how inefficient their bookkeeping system was, in that they were only NOW following up on a violation that was more than five years old, and that the lot in question had been sold about a year before the aunt died.

And how DARE they contact me and my family during Sunday Dinner for such a thing.... I never heard from them again.

Go for it...

...and let us know how you make out!

[justbroke]

Actually, to add to what Mrs. Cat wrote, I had a similar issue. I "surrendered" one of my rental properties in my Chapter 13. (Long story, but at first, I was trying to save it, but after 5 months in Chapter 13 I decided to let it go!) In no time at all, the County enforcement sent me angry letters about various items including the lawn and the garbage cans (or something to do with the garbage cans).

A quick call and e-mail with a copy of my Chapter 13 Plan made the fines go away! I could not believe it. I called the enforcement officer and told them that I "surrendered" it in bankruptcy and that I would be sending a copy of the Plan of Reorganization to them. They no longer bothered me about it! I was actually shocked that they backed off so quickly since I held legal title to the property.