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    Homeowner's insurance and taxes

    We filed BK7 in FL Jan 2008. Mortgage was included in bankruptcy. Foreclosure process has proceeded against us since 2009. We disputed the case - they could not produce original note, etc. So stall tactics which have worked so far. For the past 2 years, B of A has paid the insurance and taxes. We even tried paying them the first year, but insurance sent us refund check saying lender had paid.

    Question is - does B of A have any legal recourse to try to collect the amounts they paid for the insurance and taxes? We are still living in the house.

    Thanks.

    #2
    No recourse whatsoever, unless you signed a reaffirmation agreement! As a side note, I hope that you are actually saving your mortgage payments as a nice savings account and it will certainly help when you move and may need to pay deposits, for a moving company (or truck), and other costs associated with moving!
    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.

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      #3
      You also need to know that the bank has insurance only on the house so if something happens to your personal items while you are there (fire, theft, flood, storm damage, etc.), you have no coverage. When you stopped paying your mortgage payments, you also stopped paying escrows for taxes and insurance. The bank eventually took over to protect itself as to the insurance. Since you have been there almost two years, you need to start preparing to move and find another place - stall tactics don't work forever and the majority of foreclosures go through between one year and 18 months, a few sooner a few later. During the time of non-mortgage payments, hopefully you were saving that money and justbroke stated because you are going to have to rent inasmuch as it will be quite a long time before you will be able to purchase a home again.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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        #4
        My mortgage company INdymac has been paying my insurance, other than earthquake which I will be paying soon myself. Congrats on your stalling tactics. I want to stay in my house as long as possible until I can find a job, then I am happy to move.

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