Q: our home was included in our bankruptcy we moved out but the township keeps saying we are responsible for the lawn care
they are threatening legal action, how can we be responsible when we don't own the house anymore. Also The bank was notified that we did move out
Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case, discharges all debts you have accrued up to the date of your bankruptcy filing, but NOT future accruing debts (other than, e.g., a home mortgage or other debt evidenced by a promissory note). The difference is that your liability for, e.g., sewer rental doesn't accrue until the months after your bankruptcy filing, and sewer and water is a "rental" of the pipe space, not dependent on water flow.
Your Mortgage holder/bank would normally not delay in foreclosing on the property, scheduling a sheriff's sale and bidding in the property, and about two months later, taking a sheriff's deed to the property and recording that deed. At that point, the township, and utilities, would look to the bank for payment, and upkeep of the property. Many mortgage lenders are currently halting pending foreclosures, or delaying the start of new foreclosure cases, because of the virus pandemic.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.