My wife and I have 2 more years to go on a 5 year Chapter 13 and our house has not been foreclosed on, are we still responsible for the repairs to it?

Orininally, we had hope to keep the house but changed our minds last year, so we surrendured the house but are still living in it until the bank forcloses. Since then the house has litterally start to fall apart. My question is, are were responsible for the repairs? Like I mentioned earlier, we are bankrupt and pretty much broke.

Asked on June 6, 2014 under Bankruptcy Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the bank has not yet foreclosed, it is still your house, so that  in sense you are "responsible" for it, though, of course, many people may choose to not perform maintenance and upkeep for a variety of reasons, including funds. Once the bank completes the foreclosure, it will belong to the bank; if you cause or contribute to damage at that point, you will be damaging another's property and could be liable for it.

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