bankruptcy. I was advised by my attorney to let my house go (I had been trying to sell, with no results) and it would be covered in the bankruptcy. I have been paying insurance and the utilities bills for over a year now. I went to court for a hearing in February 2009 and there was a judgment put into place for May 2009. I do not want to keep the home, I want it gone! However, I went there today and there is a lockbox on my front door with a notice posted that it was put on in January 2009. My question is, since I can't access my home to retrieve anything that may be in there, why am I still paying insurance and utilties? When will it officially (legally) not be mine anymore?
You can stop the utitilities at this house if it's vacant and also cancel the insurance if you are not going to move in that house, why waste your money if it's going to foreclosure....my 2 cents.
Thank you everyone for your help in answering my question. The reason I am asking for help in a public forum is I have moved states. My bankruptcy was handled in Wisconsin, whereas my home is in Illinois. My WI atty advised me to retain Illinois counsel, but as you can imagine, my finances didn't allow it. I have been going at this alone for all this time. According to the paperwork I received when I was at court, the house is no longer mine as of the judgment date of 5/11/09. There is something in there about a sheriff's sale being done within 30 days. I completely understand about the locks being changed to secure the house, and in all honesty, I feel a lot better about that, since I can't drive several hours each way to check on it. However, if I have no access to my property, why do I still have to pay for insurance and utilities? Is it just because that's the way it works, or is there anything I can do about it? I am paying a couple hundred dollars a month to keep an empty house while the bank takes their time in giving me the runaround. It's my fault all this happened, so I am willing to pay my penance. I was just hoping there was something I could do. I find it odd to have to keep paying insurance and utilities on a house that I can't even get into to see if everything is still secure. I don't really need to retrieve anything of value, so I am not that concerned, but if I can't even get in, why am I still liable? I guess that's the question I want an answer to. Also, when can I shut everything off.? Thanks again everyone for your help!
If there's a lockbox on your door...the bank has probably already foreclosed on the property. You may call the agent who put the box there and ask about your belongings. Good Luck.
If you filed bankruptcy that long ago, I assume you got a notice that the bank was getting relief from the bankruptcy and was going to continiue the foreclosure. If the bank did this you should of received a notice of of the foreclosure. During the process of foreclosure, if the bank finds the proeprty vacant, they will secure the property (putting on a lock box) to make sure to limt the damage to the property. If you left things in the property, you should be able to call the number on the posting on you door or contact the bank directly. Then the bank will have someone meet you there to allow you to take your stuff. If you do not do this, the bank will take out the stuff and depending on state law places the inventory in a storage facility for the required time period (typically the states require 60 days) . During this time you should be able to claim your stuff.
I see no reason why you would be paying utilities or insurance on the property after you moved out or the day the lock box was put on the property. But this is something you should discuss with your bankrupcy attorney.
Did you already moved out of the property? I assume if there's a lockbox then it must be vacant. Lenders are changing the lock if it seems like vacant to protect the property from vandalism. You can call the number on the notice to get the lockbox code if you are still living there. If it's on the market then your realtor can call that number (which is on the notice) to get the lock box code. If you are trying to sell then ask your agent to market more aggressively to get the buyer. I hope everything will turn out good for you.
Inform your attorney also regarding this lock change and about the utilities so that your attorney can advice for the next step.
Blaison Samuel
Certified Short Sale Specialist
It is yours until title transfers. Keep the insurance and you can reduce your utilities by winterizing the home and then you'd need electric only for the sump pump.. Your attorney should have advised you of your potential liabilities until the home transfers.
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