QUESTION
If my home was discharged in bankruptcy 3 years ago, can I still get a high grass violation?
Asked on Sep 04th, 2013 on Bankruptcy - Michigan
More details to this question:
My home was included in a Chapter 7 bankruptcy almost 3 years ago. No one is longer living and I have now received high grass violations, am I responsible? What will happen if I do not pay these fines? Will they go against my credit or will they just put a lien on the house itself? Thank you.
9 ANSWERS
The house is still your responsibility until it changes hands via a deed.
Answered on Sep 16th, 2013 at 5:39 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Go to the court and take proof that you don't own the home anymore. They should dismiss the charges.
Answered on Sep 11th, 2013 at 10:52 AM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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If the house was never foreclosed by the creditor you may be still responsible for the high grass violation. You should contact the municipality directly and inform them that you surrendered your interest in the bankruptcy and in turn discharge your liability for the property. They may still require you to take care of the grass unless the creditor forecloses the property. In that case I would suggest taking care of the grass and then sending a demand letter to the bank for payment of the lawn care.
Answered on Sep 06th, 2013 at 8:24 AM
2 Awards
Yes, as long as you're title owner.
Answered on Sep 04th, 2013 at 1:12 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Your home was not discharged in your bankruptcy case most likely only the debt owed on it was. The act of filing bankruptcy does not transfer real estate. The property remains yours if the Trustee does not sell. He is deemed to have abandoned it once the case closes. It then returns to your ownership when the case is closed. It would include the obligation to maintain it so as to not violate city ordinances. You are responsible and the extent of the enforcement of the fines depends upon what the city ordinance says.
Answered on Sep 04th, 2013 at 1:00 PM
As long as your name is on the title, you have a legal responsibility on the property. The bankruptcy did not take the title out of your name. While the community may put a lien on your property, they may also sue you to collect this violation personally. Why aren't you looking at other options concerning this property?
Answered on Sep 04th, 2013 at 12:07 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Yes, the if property is still deeded to you and it would be a post-petition liability. The bankruptcy would have discharged the Note, not remove you from the Deed or Mortgage. The Code enforcement Complaint is against the owner personally.
Answered on Sep 04th, 2013 at 12:05 PM
Deborah F. Bowinski
I the property has not been foreclosed upon and is still titled in your name then you are responsible for maintenance and compliance with code requirements. If you do nothing most likely the city will charge you for the work and record a lien against the property. They could, however, seek payment from you in a more aggressive, more active manor if they choose to do so. It is also important for you to realize that you are also still responsible for general liability/negligence claims if someone is I hired on the property - something to keep in mind when the sidewalks are covered with ice and snow. It may behoove you to try to complete a short sale or investigate whether signing over a deed in lieu of foreclosure is an option. Either of those would serve to transfer the property out of your name and end your responsibilities with regard to maintenance and insurance issues.
Answered on Sep 04th, 2013 at 12:05 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Assuming bank never foreclosed on house and you are still titleholder, you can get high grass violation. Some Cities treat these as criminal or civil infractions. Yes they may put lien on house.
Answered on Sep 04th, 2013 at 11:13 AM