LETTING YOUR HOME GO
A foreclosure and a bankruptcy are two separate things! The foreclosure will still proceed even if you “let your house go” in the bankruptcy.
The foreclosure can take up to a year.
Until the house is sold at auction, you are still responsible for the upkeep of the real estate because the property is still in your name until it is sold. Once you are out of the premises, we suggest you make sure the lawn is cut. Failure to do so can result in the city charging you with nuisance abatement.
You are also responsible to keep the homeowner's insurance current. You may be liable for any injuries caused to people or property resulting from negligence and the insurance is your protection.
In cold weather the house should be winterized. We'll call the mortgage company for you but you need to tell us when you move out. Once you move, TAKE EVERYTHING. The mortgage company will change the locks.
A problem sometimes arises if the house doesn't sell at the auction. As long as the house is still in your name, we cannot prevent the city from going after you if the prperty is a public nuisance.
This informational is for general information only, and is in no way intended to create an attorney-client relationship. Depending on where you live, here are large difference in bankruptcy laws and how they are applied. Please contact an attorney knowledgeable in the bankruptcy laws in your state.