Why I should pay insurance on the foreclosed home after mortgage was discharged by Chapter 7 Bankruptcy?

Asked by Maciek_sf, San Francisco, CA Sun Jul 31, 2011

My home in Florida has been foreclosed, and since I live in California, I have not seen the place for over a year now, I filed Chapter 7 Bankruptcy and discharged all my debts, including the mortgage for that home. I am getting a threatening letters from BofA to pay for home insurance or they will pay and charge me premium. What will happen if I do not pay?

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Ron Thomas’ answer
Ron Thomas, Agent, Fresno, CA
Sun Jul 31, 2011
The contract you signed stated that you would provide Fire Insurance for it as long as you had a loan with that lender. Whether you are living in it or not, you still have that obligation; and the Bank will enforce it.
If the Bank signs up for it, you will be charged more than you were probably paying.

If the property is vandalized, or if it burns down; your deductible will be a lot more than you will pay for the insurance.

Talk to to your Insurance agent. This is a Black/White issue.

Good luck and may God bless
1 vote
John Giaccone, Agent, Cape Coral, FL
Sun Jul 31, 2011
Like many other responses you need to contact a real estate attorney asap to find out where you stand with BOA
0 votes
, ,
Sun Jul 31, 2011
Is your home not actually foreclosed on? Is it that your BK has just been discharged (along with your mortgage), and if you actually contact the county assessor/recorder/treasurer they will say you are still the legal owner of the home?

To my knowledge a discharged bankruptcy with a mortgage included in it does not automatically revert the ownership & responsibility of that property bank to the bank who had a mortgage on it that was discharged. The bank needs to take it back, or sell it to someone else, and then the home is no longer legally yours. This is why after a bankruptcy with a discharged mortgage some people can stay in their home for years without getting evicted (particularly if they keep on making the payments on a discharged mortgage). It's not surprising that the bank wouldn't take a home back in Florida, as a friend of mine had a home in Port St Lucie filed BK, included her mortgage, and just over a year later the bank finally took the home back - during that time she received property tax bills and paid for liability insurance in case someone injured themselves on the property. She let the lender impose forced place insurance for the dwelling coverage because she was never going to pay it. Was that the correct way to handle things? I am not sure, but the lender never came after her for the remaining forced place insurance amount and she never had to pay for a lawsuit against her for someone else getting hurt on the property.

I'd consult a Florida real estate attorney, or have your BK attorney refer you to one, and I feel that for the few hundred dollars a consultation might cost it'd be worthwhile advice to get from someone who knows the law.
0 votes
Cathy Sloan, Agent, Jacksonville, FL
Sun Jul 31, 2011
Since I am not an attorney and cannot give legal advice I recommend you contact your Bankruptcy attorney.

I do have experience dealing with banks on Foreclosures and Short Sales. I have learned that all departments of banks do not communicate efficiently with one another.

Chances are you are receiving a computer generated notice that goes out to all customers when the computer flags an account. It will require a "real person" to withdraw the property from the list on the computer that is generating the sequence of notices you are receiving. Chances are there is a contact address or number on the notice.

I would recommend you call the bank notifying them of the situation and fax a copy of your Bankruptcy discharge . If a phone number is not provided write a letter to the department and attach a copy of your discharge papers.

It may take them a few weeks to correct the situation.
Web Reference:  http://move2jacksonville.com
0 votes
Michelle Mil…, , Florida
Sun Jul 31, 2011
Sounds like BOA has their paperwork mixed up if they already took the home back then they own the home and will want to insure if for their own protection.
0 votes
Danielle Sha…, Agent, Cape Coral, FL
Sun Jul 31, 2011
We are not attorneys and cannot give legal advice. With that said, here is an idea....

It's common practice for lenders to force place escrow for taxes or insurance if neither have been paid. The municipality or insurance company will send the mortgage company a notice that a policy hasn't been renewed or taxes have gone unpaid. Without knowing exact details of your situation or status of the property in FL no one aside from your attorney can really answer the question. Typically in FL if you have filed BK, the foreclosure is on hold until discharge is recorded and then starts up again. You may still be receiving notices from BoA because technically you still own the home and it has not reverted to BoA's possession yet.
0 votes
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