This is not an uncommon situation in a foreclosure or bankruptcy in Massachusetts for the bank after you receive your bankruptcy discharge and state you surrender the house they do not in a timely manner foreclose on the property. When you file for chapter 7 bankruptcy and received a discharge of the obligation to pay the mortgage, you are only released from your obligation to pay the bank on the mortgage. This did not affect the fact you still own the house until they foreclose, therefore you're still liable for all taxes due on that house, and all utilities and other debts that arrived on a monthly basis pertaining to the house. Bankruptcy only discharge your obligation to pay the mortgage to the bank, it did not affect your title to the property or your obligation to pay other debts associated to the property, it only affected your need to pay the bank for the mortgage. In Massachusetts I have seen homes that have been in the foreclosure process for over six years and there has already been a chapter 7 bankruptcy discharge on the debt and the banks attorneys still have not foreclose on the property. So basically the taxes and the water bill are still your obligation, as they were never actually the obligation of the bank, even though these were being paid through the mortgage with your escrow account. You may simply move away from the house and that way you will not be obligated to pay for the water or seat or electricity, but you still will be liable for taxes until the bank repossess the house through a foreclosure proceeding.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 09th, 2014 at 12:12 PM