QUESTION

Am I responsible for the mess in my house that is in foreclosure and Chapter 7 bankruptcy?

Asked on Apr 13th, 2014 on Bankruptcy - Michigan
More details to this question:
My ex-husband is living in my house that is in foreclosure. It was to be up for bids on November 7, 2013. I recently found out that the date was changed to May 22, 2014, which gives him a 6 month redemption period. He has made a mess of my house; he doesn't clean or take care of the trash that has accumulated inside and out. Am I responsible for cleaning it up? Also, I have heard that sometimes the mortgage company never forecloses. Does that make me responsible indefinitely? I am thinking of moving back in, but it is so filthy. What are my options? Thank you.
Report Abuse

3 ANSWERS

Deborah F. Bowinski
Are you the one who filed for Chapter 7 Bankruptcy? Is your ex-husband also on the title or the mortgage loan for the house? If you filed bankruptcy, did you sign a reaffirmation agreement for your mortgage loan (I certainly hope you did not!)? Assuming that you are the one on the mortgage, the title, and who has filed bankruptcy. Your obligation to pay the mortgage loan would have been discharged unless you signed a reaffirmation agreement. The property remains titled in your name until such time as you sell it or the lender forecloses upon the home. With that, you remain responsible for ensuring compliance with code requirements shoveled sidewalks, mowed lawns, clearing away trash, etc. until such time as you are no longer the owner of record. You also remain responsible for any injuries that happen on the property as a result of negligence, so it would be wise to try to keep homeowner's insurance in place. Unfortunately, there is no good way to force the lender to foreclose. If you have only one mortgage loan it might be possible to negotiate the surrender of the deed in lieu of foreclosure in order to hasten the process along.
Answered on Apr 14th, 2014 at 5:02 PM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
As long as you remain the owner you are responsible to the local authorities regarding the health hazards created by the home.
Answered on Apr 14th, 2014 at 5:01 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Your best option is to see an attorney with the specifics. Regarding your liability, if you are joint on the note most probably you are going to be joint on the obligation, including cleanup, attorneys fees of the mortgage company etc.
Answered on Apr 14th, 2014 at 2:19 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters