.jpg)
Liability?
It may be correct that surrendering it through the petition is all you
should need to do to shift the burden to the bank; however, it gets
expensive not to take an affirmative step to end liability when cities start
citing the titleholder when the property is not taken care of, or, e.g., if
they have tenants, if utility service included in their rent is not
maintained and they complain to the Court system, etc.. To shift the burden
to the bank you'd need to sue for indemnity, which is expensive in itself,
usually prohitively for regular consumers.
2010/5/26 Shannon Doyle
>
>
> I would argue that once the bank had notice of the abandonment, liability
> fell to the bank. In addition, if debtor listed surrender on the statement
> of intention and provided the keys within 30 days of the 341(a), he
> effectively surrendered the property to the lender per the Code.
>
>
>
>
>
> Shannon A. Doyle
>
> Attorney at Law
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791-1600
>
> Tel: (626) 646-2555
>
> Fax: (626) 332-8644
>
> www.blclaw.com
>
> [image: BC]
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *David A. Tilem
> *Sent:* Tuesday, May 25, 2010 5:52 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Liability?
>
>
>
>
>
> Debtor does not pay mortgage for a year.
>
> Debtor files bankruptcy
>
> No relief from stay ever filed
>
> During bankruptcy, Debtor moves out of home to another State and sends
> letter to lender saying "sayonara, here are the keys."
>
> Bankruptcy case is closed
>
> Debtor got discharge
>
> Another year passes
>
> No mortgage payments
>
> No insurance payments
>
> No tax payments
>
> Lender still has not foreclosed
>
>
>
> 1. Has anybody ever had this happen?
>
> 2. Does debtor have any liability for: waste? premises liability? other?
>
> 3. Is this insane or what?
>
>
>
> *David A. Tilem*
>
> Certified Bankruptcy Specialist**** *
>
> Law Offices of David A. Tilem (a debt relief agency)
>
> 206 N. Jackson Street, #201, Glendale, CA 91206
>
> Tel: 818-507-6000 Fax: 818-507-6800
>
>
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
>
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
>
>
>
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
It may be correct that surrendering it through the petition is all you should need to do to shift the burden to the bank; however, it gets expensive not to take an affirmative step to end liability when cities start citing the titleholder when the property is not taken care of, or, e.g., if they have tenants, if utility service included in their rent is not maintained and they complain to the Court system, etc.. To shift the burden to the bank you'd need to sue for indemnity, which is expensive in itself, usually prohitively for regular consumers.
2010/5/26 Shannon Doyle <sdoyle@blclaw.com>
I would argue that once the bank had notice of the abandonment,
liability fell to the bank. In addition, if debtor listed surrender on the statement
of intention and provided the keys within 30 days of the 341(a), he effectively
Shannon
A. Doyle
Attorney
at Law
100
N. Barranca Avenue, Suite 250
West
Covina, CA 91791-1600
Tel:
(626) 646-2555
Fax:
(626) 332-8644
www.blclaw.com
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of David
A. Tilem
Sent: Tuesday, May 25, 2010 5:52 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Liability?
Debtor does
not pay mortgage for a year.
Debtor files
bankruptcy
No relief
from stay ever filed
During
bankruptcy, Debtor moves out of home to another State and sends letter to
lender saying "sayonara, here are the keys."
Bankruptcy
case is closed
Debtor got
discharge
Another year
passes
No mortgage
payments
No insurance
payments
No tax
payments
Lender still
has not foreclosed
1. Has
anybody ever had this happen?
2.Does
debtor have any liability for: waste? premises liability? other?
3.Is
this insane or what?
David
A. Tilem
Certified
Bankruptcy Specialist*
Law
Offices of David A. Tilem (a debt relief agency)
206
N. Jackson Street, #201, Glendale, CA 91206
Tel:
818-507-6000 Fax: 818-507-6800
*
Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business
bankruptcy specialist cert. by Amer. Bd. of Certification
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Phone: (888) 619-8222 x101Fax: (877) 789-5776
e-mail: go@gobklaw.comwebsite: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
X-Attachment-Id: 0.1
X-Attachment-Id: 0.1
The post was migrated from Yahoo.
I would argue that once the bank had notice of the abandonment, liability fell to the bank. In addition, if debtor listed surrender on the statement of intention and provided the keys within 30 days of the 341(a), he effectively surrendered the property to the lender per the Code.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
1. Has anybody ever had this happen? -Yes, I've had it happen before.
2. Does debtor have any liability for: waste? premises liability? other?
--- If debtor is still on title, debtor is likely still liable. I've had a
client prepare and file a quitclaim deed back to the bank (situation is
simpler if there is only one mortgage on the property).
3. Is this insane or what? Not really insance. It's rather shrewd of the
banks, if you think about it.
On Tue, May 25, 2010 at 6:03 PM, P L wrote:
>
>
> Debtor would certainly owe postpetition date HOA dues, may owe property
> taxes, may be liable to the city/county for costs to maintain property,
> could be liable for injury to transients occupying property not properly
> secured...
>
> Peter M. Lively, JD/MBA
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
> Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
> A-Bankruptcy-Attorney.com
> Personal Financial Law Center II - Costa Mesa, CA
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
> WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
> CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER
> OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT
> RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE
> HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
> COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
> COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY
> TELEPHONE. THANK YOU.
>
>
> ------------------------------
> *From:* David A. Tilem
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Tue, May 25, 2010 5:52:24 PM
> *Subject:* [cdcbaa] Liability?
>
>
>
> Debtor does not pay mortgage for a year.
> Debtor files bankruptcy
> No relief from stay ever filed
> During bankruptcy, Debtor moves out of home to another State and sends
> letter to lender saying "sayonara, here are the keys."
> Bankruptcy case is closed
> Debtor got discharge
> Another year passes
> No mortgage payments
> No insurance payments
> No tax payments
> Lender still has not foreclosed
>
> 1. Has anybody ever had this happen?
> 2. Does debtor have any liability for: waste? premises liability? other?
> 3. Is this insane or what?
>
> *David A. Tilem*
> Certified Bankruptcy Specialist** *
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale , CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
>
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
1. Has anybody ever had this happen? -Yes, I've had it happen before.
2.Does debtor have any liability for: waste? premises liability? other? --- If debtor is still on title, debtor is likely still liable. I've had a client prepare and file a quitclaim deed back to the bank (situation is simpler if there is only one mortgage on the property).
3.Is this insane or what? Not really insance. It's rather shrewd of the banks, if you think about it.On Tue, May 25, 2010 at 6:03 PM, P L <petermlively2000@yahoo.com> wrote:
Debtorwould certainly owe postpetition date HOA dues, may owe property taxes, may be liable to the city/county for costs to maintain property, could be liable for injury to transients occupying property not properly secured...
onal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: David A. Tilem <DavidTilem@TilemLaw.com>To: cdcbaa@yahoogroups.com
Sent: Tue, May 25, 2010 5:52:24 PMSubject: [cdcbaa] Liability?
Debtor does not pay mortgage for a year.
Debtor files bankruptcy
No relief from stay ever filed
During bankruptcy, Debtor moves out of home to another State and sends letter to lender saying "sayonara, here are the keys."
Bankruptcy case is closed
Debtor got discharge
Another year passes
No mortgage payments
No insurance payments
No tax payments
Lender still has not foreclosed
1. Has anybody ever had this happen?
2.Does debtor have any liability for: waste? premises liability? other?
3.Is this insane or what?
The post was migrated from Yahoo.
Debtorwould certainly owe postpetition date HOA dues, may owe property taxes, may be liable to the city/county for costs to maintain property, could be liable for injury to transients occupying property not properly secured...
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, May 25, 2010 5:52:24 PM
Subject: [cdcbaa] Liability?
Debtor does not pay mortgage for a year.
Debtor files bankruptcy
No relief from stay ever filed
During bankruptcy, Debtor moves out of home to another State and sends letter to lender saying "sayonara, here are the keys."
Bankruptcy case is closed
Debtor got discharge
Another year passes
No mortgage payments
No insurance payments
No tax payments
Lender still has not foreclosed
1. Has anybody ever had this happen?
2.Does debtor have any liability for: waste? premises liability? other?
3.Is this insane or what?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale , CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
ication
Debtor would certainly owe postpetition date HOA dues, may owe property taxes, may be liable to the city/county for costs to maintain property, could be liable for injury to transients occupying property not properly secured... Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: David A. Tilem <DavidTilem@TilemLaw.com>To: cdcbaa@yahoogroups.comSent: Tue, May 25, 2010 5:52:24 PMSubject: [cdcbaa] Liability?
Debtor does not pay mortgage for a year.
Debtor files bankruptcy
No relief from stay ever filed
During bankruptcy, Debtor moves out of home to another State and sends letter to lender saying "sayonara, here are the keys."
Bankruptcy case is closed
Debtor got discharge
Another year passes
No mortgage payments
No insurance payments
No tax payments
Lender still has not foreclosed
1. Has anybody ever had this happen?
2. Does debtor have any liability for: waste? premises liability? other?
3. Is this insane or what?
The post was migrated from Yahoo.
charset="UTF-8"
1. No.
2. Probably. Consider having the debtor file a unilateral deed in lieu of
foreclosure.
3. Yes.
- John D. Faucher
On 5/25/10 5:52 PM, "David Tilem" wrote:
>
>
>
>
>
> Debtor does not pay mortgage for a year.
> Debtor files bankruptcy
> No relief from stay ever filed
> During bankruptcy, Debtor moves out of home to another State and sends letter
> to lender saying "sayonara, here are the keys."
> Bankruptcy case is closed
> Debtor got discharge
> Another year passes
> No mortgage payments
> No insurance payments
> No tax payments
> Lender still has not foreclosed
>
> 1. Has anybody ever had this happen?
> 2. Does debtor have any liability for: waste? premises liability? other?
> 3. Is this insane or what?
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
>
>
>
>
>>> - John D. Faucher
charset="UTF-8"
Re: [cdcbaa] Liability?
No.
Probably. Consider having the debtor file a unilateral deed in lieu of foreclosure.
Yes.
- John D. Faucher
On 5/25/10 5:52 PM, "David Tilem" <davidtilem@tilemlaw.com> wrote:
Debtor does not pay mortgage for a year.
Debtor files bankruptcy
No relief from stay ever filed
During bankruptcy, Debtor moves out of home to another State and sends letter to lender saying "sayonara, here are the keys."
Bankruptcy case is closed
Debtor got discharge
Another year passes
No mortgage payments
No insurance payments
No tax payments
Lender still has not foreclosed
1. Has anybody ever had this happen?
2. Does debtor have any liability for: waste? premises liability? other?
3. Is this insane or what?
David A. Tilem
Certified Bankruptcy Specialist*†
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson
The post was migrated from Yahoo.
charset="windows-1251"
Debtor does not pay mortgage for a year.
Debtor files bankruptcy
No relief from stay ever filed
During bankruptcy, Debtor moves out of home to another State and sends
letter to lender saying "sayonara, here are the keys."
Bankruptcy case is closed
Debtor got discharge
Another year passes
No mortgage payments
No insurance payments
No tax payments
Lender still has not foreclosed
1. Has anybody ever had this happen?
2. Does debtor have any liability for: waste? premises liability? other?
3. Is this insane or what?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
charset="windows-1251"
Message
Debtor does not pay
mortgage for a year.
Debtor files
bankruptcy
No relief from stay ever
filed
During bankruptcy, Debtor
moves out of home to another State and sends letter to lender saying "sayonara,
here are the keys."
Bankruptcy case isclosed
Debtor got
discharge
Another year
passes
No mortgage
payments
No insurance
payments
No tax
payments
Lender still has not
foreclosed
1. Has anybody ever had
this happen?
2. Does debtor have
any liability for: waste? premises liability? other?
3. Is this insane or
what?
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.