If you did not reaffirm the mortgage, then your personal liability has been discharged. In other words, if and when the mortgage company forecloses, they cannot pursue you personally on the mortgage debt. Property taxes do not carry a personal liability. They are only secured by the property. So, if you fail to pay the taxes, the mortgage company will be responsible for them and will have to pay them if they do not want to lose the property through a tax foreclosure. If you stop paying the homeowners insurance, the mortgage company will be notified and will most likely obtain an insurance policy (FYI their policy will not protect your personal items inside the home). Until the property is legally transferred through a foreclosure or other means, you should make sure the property is adequately insured. If you do not, you may be exposing yourself to potential liabilities (i.e. person is injured on property and sues you). Typically, I advise clients that are in your position that they can walk away with no issue as long as the property has the appropriate insurance coverage and the property is maintained in a way that avoids violations of city codes/ordinances (avoid tickets). Insurance and maintenance of the property should continue until a legal transfer of ownership occurs.
Answered on Jan 26th, 2015 at 12:09 PM