Ch7 Discharged. House Included, No Foreclosure ... Property Taxes?

[NotInMyPlace]

Our Ch7 was discharged in December 2009. Our primary residence was included in the bankruptcy (Bank of America) and we chose to not reaffirm. As of this month, the mortgage is now 24 months in arrears. Bank of America has not filed Notice of Default. So far, BofA is not interested in Deed In Lieu. We vacated the property on December 31, 2010 and advised the lender in writing (in multiple letters to multiple departments, all delivery confirmation).

We thought about pursuing a short sale in order to remove our names from the property (for liability reasons) but were advised that participation in their Cooperative Short Sale Program MAY constitute an attempt to reaffirm (?).

Bank of America has been paying the property tax after Bk discharge. Are we going to be responsible to BofA for the property taxes they paid since we are still on the Deed?

[BKIN2010]

Don't really know the ans but I am curious myself

[AngelinaCatHub]

I really doubt that you would be. The first time they paid taxes is a statutory affirmation that they are responsible. (I'm not a lawyer). You gave them enough notice that you wipe your hands of responsibility. I hate this as your name is still attach for liability reason and would cost you to defend if someone gets hurt. I would assume your defense is your many notes of intent, so keep those cards they are gold. If you wish to pay an hour, address this to your lawyer for self relief. WE on this Forum are not legal aid. 'Hub

[debee]

No, you're not responsible for them.

If they go unpaid, the county puts a lien on the property.

The bank will either pay the taxes upfront (to prevent the lien) or at the time of the foreclosure (to remove the lien) so they can get their money out and pass clear title to the buyer.

[iv65536]

If you are out of there, why not record a quit-claim deed?