As was pointed out, this is the ONE risk that walk away homeowners still face. Now, if you maintained insurance, or the bank forced placed insurance, that is where the claim goes first.
If not, then you may have some issues. Now, will the plaintiff's eventually win, probably not, but you may have to fight it to prevent them from doing so. Also, since the injuries occurred after BK, it is a post BK debt and is not subject to discharge.
-
jturk - I would imagine your "squatters" see some "cash" coming their way-if neither you nor the bank give anyone permission to occupy the residence - which they didn't - then I would think you could countersue for trespassing, back rent, etc. I have a feeling that you may need an AGGRESSIVE atty to push back at these people to make them go away.
If the bank - somehow - gave them permission to "squat" then - by definition - they would be responsible.
If the "squatters" argue that you abandoned the house then...how can they sue...Leave a comment:
-
Your situation is *exactly* the nightmare of many walk-away homeowners... PLEASE keep us posted.
Good luck to you.Leave a comment:
-
im being sued for an injury that happened 6 months ago in a house that was in my BK
i got a letter from an attorney saying that someone was injured 6 months ago in a house that i included in my chapter 7 bankruptcy 2 years ago. theyre saying that i still own the house because the bank has not moved forward with foreclosure proceedings. my bankruptcy was discharged & everything.
is this possible that i could be held responsible for this person injury?
i should mention that i havent been to the house in 3 years & whoever these people are. they never had my permission or consent to live in the house. theyre squatters basically. but as i said, i didnt think i owned it.
Leave a comment: