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Should I notify Lender?

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    Should I notify Lender?

    I am in the beginning foreclosure process in NY state. I was served the summons & complaint and had until Nov 27, 2006 to respond, which I didnt because I am intending on surrendering the house in chap 7 bk anyway. Anyway, long story short, I have moved and have the utilities turned on at my new apt. It was too much for me to pay even the minimum amount at both places, so I have had to turn the utilities off at my house. I shut the water off at the main and opened the faucet in the basement utility tubs as well as the bathtub on the main floor to relieve pressure.
    Should I notify the lender or the attorney representing the lender in the foreclosure, that I have turned off the utilities in case they want to turn them on in their name? I no longer have homeowners insurance as it was cancelled when i was one day late with the payment, and I am afraid if something happens or the pipes freeze in the house, i will owe even more than I already do. I KNOW there will be quite a large deficiency already, because the house is not worth nearly what I owe. I had a 125% mortgage and back taxes are due. I have not told them that I have moved, as my attorney had advised me not to speak to them about anything until we file (which wont be for at least another 4-8 weeks due to getting the money together for all the fees). Could I just send them a letter and that way I wont be on the phone where they could ask me questions that my attorney may not want me to answer? Or, should I not tell them anything and just hope for the best until I file??
    Thankyou all for your support & help

    #2
    You don't have to tell the lender anything. Considering that the foreclosure has already begun, more than likely, the lender may not contact you (i.e. asking questions and/or harrassing you for payment). You may begin to receive some documents form the lender's attorneys or courthouse, but those are formalities.

    You've drained the water from the house so there should be no reason for the pipes to freeze. I think even if they froze a little, they wouldn't burst.

    As for not having any insurance, that could be a sticky situation if something was to happen while the deed/title is still in your name. You ARE responsible for the home until the title/deed has been transferred.
    Last edited by BassBoy; 01-09-2007, 12:11 PM.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      Thanks BassBoy, I appreciate your input.
      As for the insurance being cancelled, it has been several months. I wonder..wouldn't the insurance company notify the lender? I know I am responsible if anyone gets injured, I could be sued. But, what if there is damage to the house? I would hope that the lender would have insurance to cover it seeing as they are going to be taking it back. I tried calling around for insurance but I was told that no one would underwrite it for a new policy. So, I am just holding my breath & developing more ulcers!! lol! I can't wait for this nightmare to end.
      Thankyou again!!

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