Property taxes?

[brtb]

I'm back again with more questions. I got my Ch. 7 discharge two weeks ago. Yippee!!! But, I just found out my soon-to-be ex is three months behind on the first mortgage, which means there's only $99 in the escrow account and the next county property tax payment is due on Nov. Do I need to plan on paying it? What are the consequences if I don't?

I'm going to consult a divorce atty next month, but I have a feeling this won't be wrapped up by Nov.

Thanks!

[LadyInTheRed]

Are you going to try to keep the house?

[bcohen]

It sounds like you are no longer living in the house, and therefore have no incentive to pay ANYTHING toward the mortgage or property taxes at this point. If that is correct, then don't worry about it. When the property taxes come due, the bank will pay them, because they do not want to lose their collateral (the house) due to a tax lien sale. The bank will make the escrow account go negative by the amount of any taxes paid out.

Your bankruptcy discharge will prevent the bank from coming after you for any money which is currently owed, or may become owed in the future. If your ex did not file/does not file, then the bank could come after him for the money. If they choose to come after him, that is not your problem.

In any case, they will eventually foreclose on the house, unless it is in such poor condition and worth so little that it would not be worthwhile for them to do so. As long as there is not a HOA, this is not your problem either.

[brtb]

I do not want the keep the house. I moved out four months ago. I have no idea what condition he's kept it in. I really want to get my name off the deed and let him have the house. I had a realtor come over before I moved out to get me an assessment of the property and based on it's condition four months ago if we were to sell it "as is" there's not much equity in it.

We are part of an HOA. I had been picking up the slack and making payment when he hadn't. I've heard HOAs are a PITA to deal with.