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Paying Fees Prior to Foreclosure (and after discharged BK)

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    Paying Fees Prior to Foreclosure (and after discharged BK)

    I know this has been asked before, but as a refresher to me and others, please review and advise:

    When a condo or home is surrendered in a bk, been discharged and you are waiting for the foreclosure to occur and ownership to transfer, do you have to pay for any of the debt that accrues during this time?

    Specifically:

    --Real Estate Taxes
    --Insurance
    --Utilities (i.e. water)
    --Condo Fees
    --Other charges?

    The general consensus is that the taxes and utilities ultimately become a lien on the property that needs to be paid off before ownership is transferred, but what about the other items?
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    #2
    Real Estate taxes and insurance may be paid with the escrow account. If that's the case, the escrow is usually paid in advance if it's paid with the mortgage payments, the lender may continue to pay those and add it to the amount owed (which would be discharged).

    If you're not living in the home/condo, the utilities should be shut-off/disconnected and therefore, should not be anything owed.

    Maintenence fees may have to be paid if the amounts owed were incurred after the date of filing. I look at this as services rendered and therefore should be paid. The property is still in your name.
    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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