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
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AND SANTA BARBARA.
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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?
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