QUESTION
Non-reaffirmed !st mortgage and HELOC accts. Both show a zero balance
Asked on Aug 02nd, 2012 on Bankruptcy - Missouri
More details to this question:
Our mortgage and HELOC accts. were discharged in our Ch.7 going on 4 yrs. ago. We qualify for a FHA loan and want to get a new house. Since both accts. were discharged and showing a zero balance can we stop paying them and walk away from this house? I understand we are not personally liable for the property and they cant sue for any defiencies, but is walking away best? Should we think about a short sale? would a short sale trigger anything to make us liable for paying any defiencies?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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If they were discharged in your chapter 7 bankruptcy case, then you will not owe anything further on them no matter what you do. However, until the property is actually sold (either through foreclosure, short sale, or otherwise), you are liable for any violations of city ordinances or liability if someone gets injured on the property, so you need to be sure to maintain adequate insurance until the property is sold, and make sure the property is "kept up" in accordance with regulations until it is sold. If there is a Homeowners' Association involved, that's another issue that must be dealt with since you will be liable for HOA fees up until you no longer occupy the premises at least (you need to make sure the HOA has the keys and knows you're no longer living there).
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
Answered on Aug 03rd, 2012 at 1:20 AM