Posted on: 04th Apr, 2012 07:54 pm
Hello,
I am asking on behalf of my mother in California
So last year in March, the Chapter 7 was granted by the court.
We decided it would be best to let go of the house during the process as well so our attorney knew about this as well.
A few months later my mom received a notice of default so we decided to get her out of there asap. Fast forward a year, we received a certified letter from the city that we are in violation for failure to maintain the premises.
I guess some kids had knocked the fence over on the side of the house and the landscaping was not kept up to par.
My question to you guys out there is, even if we mentioned in the chapter 7 that we are walking away from the house and received a notice of default. Are we still on the hook for the property?
If we are then what should we do, my dad was on the title but passed away thats why my mother couldnt afford to live there anymore.
Any help or advice please!
I am asking on behalf of my mother in California
So last year in March, the Chapter 7 was granted by the court.
We decided it would be best to let go of the house during the process as well so our attorney knew about this as well.
A few months later my mom received a notice of default so we decided to get her out of there asap. Fast forward a year, we received a certified letter from the city that we are in violation for failure to maintain the premises.
I guess some kids had knocked the fence over on the side of the house and the landscaping was not kept up to par.
My question to you guys out there is, even if we mentioned in the chapter 7 that we are walking away from the house and received a notice of default. Are we still on the hook for the property?
If we are then what should we do, my dad was on the title but passed away thats why my mother couldnt afford to live there anymore.
Any help or advice please!
Hi hrock!
Welcome to forums!
Even though you and your mother walked out of the property, it is still in your name as the lender has not foreclosed it. Thus, it becomes your responsibility to maintain the property. It would have been better if you could have asked the lender to sell off the property asap.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Even though you and your mother walked out of the property, it is still in your name as the lender has not foreclosed it. Thus, it becomes your responsibility to maintain the property. It would have been better if you could have asked the lender to sell off the property asap.
Feel free to ask if you've further queries.
Sussane
Hi hrock,
The property hasn't been sold off yet. As a result, your mother is still responsible for the maintenance of the property. Thus, if there is any damage to the property, she will be considered liable for this.
Thanks
The property hasn't been sold off yet. As a result, your mother is still responsible for the maintenance of the property. Thus, if there is any damage to the property, she will be considered liable for this.
Thanks
Thanks for the response. I talked to the code enforcer who wrote the violation and the BK attorney and they both state that the lender should be held liable for it since we included it in the chapter 7 and vacated the premises. The code enforcer just asked for the lender information too.
Not sure whats gonna happen next.
Not sure whats gonna happen next.
Hi hrock,
I will suggest you to contact another bankruptcy attorney and take his opinion in this matter.
I will suggest you to contact another bankruptcy attorney and take his opinion in this matter.