What to do about electricity and water,walking away

[kimba251]

We are leaving in December and moving out of state. It gets cold and snowy here in massachusetts. We want to turn off electricity and water but furnace is electric and could potentially cause problems not going on. (pipes freezing etc)

We won't be able to look after the house since we'll be states away. We are afraid neighborhood kids will break in (there are problem kids in neighborhood) once we leave and crank up the heat or turn on water to flood the house.

What should we do. Filed chap 7 and discharged sept 08. Siad we would keep house but did not reaffirm so now we are walking away. Are we responsible for water and electric once we move out,plus taxes?

We will keep insurance on house because it's prepaid until june 2010.

Any advice?

Thanks

[MSbklawyer]

You've already been discharged, so any liability that you incur at this point wont be affected by the discharge.

I would suggest that you call your mortgage lender and tell them just what you posted here. Then tell them again by registered letter.

Then cancel your insurance and get a refund of the prepaid premium. If it's like most policies, it won't provide coverage anyway if the house is not occupied.

[AngelinaCat]

I think you need to turn off the elctricity and water, drain the water from the pipes, and otherwise 'winterize' the place. You might want to leave the elctricity on so that you can have lamps and radios go on and off via timers. Disconnect the furnace so that it won't come on.

Timers and lights will deter the problem kids for only a while. Those up to no good are quick to notice the lack of vehicle traffic to and from the place. You might want to notify your local law enforcement agency that you are leaving the state and the house will be abandoned.

Can you hand the keys over to your mortgage holder?

[Flamingo]

Do not cancel any insurance on the property as long as it is in your name. Contact the insurance agent for your home before you do anything. If someone trips and falls or otherwise becomes injured on your property prior to transfer of title, you are responsible and can be sued anytime before the expiration of the statute of limitations in your state for personal injury.

[AngelinaCatHub]

You've already been discharged, so any liability that you incur at this point wont be affected by the discharge.

I would suggest that you call your mortgage lender and tell them just what you posted here. Then tell them again by registered letter.

Then cancel your insurance and get a refund of the prepaid premium. If it's like most policies, it won't provide coverage anyway if the house is not occupied.

Good point.

Now if you insist on just leaving without legally turning the house into the banks responsibility, here is how you would "winterize" the place. After turning off the water, open all taps, turn off the hot water tank and pull the breaker or mark it as empty do not turn on until filled (with water) Open the outside hose tap and let all waters drain. Make sure it is the lowest tap. Drain the hot water tank, you may need a garden hose to do this, open the pressure relief valve and leave open (it is a finger pull, put it outward. If you can get an air tank or compressor blow out the lines. Using an enema bottle siphon antifreeze into each water tap and hope that it will also run out of the farthest tap. Then blow out the lines again. Flush toilet. Put a bit of antifreeze down the drains so that the trap will fill a bit. Put a little into the toilet bowl.

If you do leave the electric on, leave the thermostat at 40, and put some old lamps on cheap timers and an old radio on as well. If you do turn off the electric make sure that the bank knows and make sure the cops will watch the place. Stop your mail.

The best you can do is get the responsibility out of your name. 'Hub

[MSbklawyer]

Using an enema bottle siphon antifreeze into each water tap

Surely there has to be another way.

[AngelinaCat]

Surely there has to be another way.

Yaah, it involves gasoline and a vacuum cleaner!!

[AngelinaCatHub]

Surely there has to be another way.

LOL. There is, LOL, but I can't mention it here. LOL.

However, this would be the most cost conservative. There are people who actually do this for a living or part of their living. I would probably make a fitting after the draining and use a garden pressure sprayer and blow antifreeze into the lines. For pipes of metal and pvc, antifreeze will not harm them. Porcelain however will craze in time so the solution should be wiped from porcelain and a weak solution in the toilet bowl or even better, sap out the water completely. 'Hub

[AngelinaCatHub]

Yaah, it involves gasoline and a vacuum cleaner!!

Not to get off topic but Mrs. is bringing up the time I had to drain a gasoline tank in a stored car in the garage. For the life of me I could not draw a good enough vacuum with my mouth, and I more/less did not favor inhaling gasoline. I saw Mrs. old vacuum cleaner and WOW did it work as immediately gasoline was washing out of the vacuum cleaner. We all know that the motor uses brushes that spark. Well it was so fast that the gasoline drowned the spark. I took off and pulled the plug while we waited for the garage to eventually blow up. Smart Idea wasn't it? But, not to wise. 'Hub

[MSbklawyer]

Not to get off topic but Mrs. is bringing up the time I had to drain a gasoline tank in a stored car in the garage. . .

Don't you hate it when they run their mouths like that? As though they've never done anything really stupid.

Sounds like you guys have a really great relationship.

[MSbklawyer]

Do not cancel any insurance on the property as long as it is in your name. Contact the insurance agent for your home before you do anything. If someone trips and falls or otherwise becomes injured on your property prior to transfer of title, you are responsible and can be sued anytime before the expiration of the statute of limitations in your state for personal injury.

Checking with your insurance company would definitely be a good idea. But I'll bet that you'll find that your insurance policy contains an exclusion if the property is unoccupied. In which case, the policy would not be offering you any protection anyway. So why let the insurance company continue to take a premium when it's not insuring anything?

[StartingOver08]

Checking with your insurance company would definitely be a good idea. But I'll bet that you'll find that your insurance policy contains an exclusion if the property is unoccupied. In which case, the policy would not be offering you any protection anyway. So why let the insurance company continue to take a premium when it's not insuring anything?

Exactly. Most policies have an out for the insurance co if the house is vacant. There is specialized insurance you have to obtain for a vacant home and its sometimes difficult to get depending upon the location of the property/house.

I elected to do precisely as MSbklawyer suggested and canceled my policy the date that I was discharged for the vacant rental I surrendered and changed my insurance from homeowners to a 'renters' policy on the surrendered house I currently occupy. To each his own.

[kimba251]

THanks for the help. So will I incur new debt that I would be responsible for if I leave the heat and water on and it generates a monthly bill?

We also have a closed pool too. I am just nervous it will become the neighborhood party house once we leave. The fence to the pool is regulation height and padlocked. If someone climbed it and fell onto the cover or got hurt would we be responsible?

Massachusetts is a non judicial state so it should only be 3 months right? I just can't pass up the new rental but don't want to wait here until it forecloses if it's going to be months.

We want to leave for Jan 1st (new rental) when should I notify mortgage company? We are current but won't be when we don't pay nov.

As for the winterizing, well I'll have dh read up lol

[StartingOver08]

If you leave the utilities on you are incurring new debt and you are responsible for the new debt.

If you move, notify your servicer that you are leaving - they have a property preservation department that they will send out to winterize the house. Coordinate with the servicer (make sure your notice to them is in writing too). Once the property preservation department knows your house is empty they will change the locks on the property so you will not be able to gain access to it. They change the locks long before they change the name on the deed! LOL.

[Flamingo]

THanks for the help. So will I incur new debt that I would be responsible for if I leave the heat and water on and it generates a monthly bill?

We also have a closed pool too. I am just nervous it will become the neighborhood party house once we leave. The fence to the pool is regulation height and padlocked. If someone climbed it and fell onto the cover or got hurt would we be responsible?Massachusetts is a non judicial state so it should only be 3 months right? I just can't pass up the new rental but don't want to wait here until it forecloses if it's going to be months.

We want to leave for Jan 1st (new rental) when should I notify mortgage company? We are current but won't be when we don't pay nov.

As for the winterizing, well I'll have dh read up lol

This is why in my previous posting, I stated you need to contact your agent. Yes if a kid climbed over your fencing to the pool and got hurt, you would be responsible as long as that property is in your name. A swimming pool falls under an "attractive nuisance." I would keep insurance on the property as long as possible but there is nothing from keeping the insurance company from cancelling your policy either due to the risk when/if they find out you have vacated the home. I've done a lot of work with personal injury matters in the past and lack of insurance on a house just gives me the willeys with what I have seen. To some the risk may be low but if you have stuff outside (i.e., swimming pool above) or an agent walking around the house after you leave stumbles, falls and gets injured on your cracked sidewalk, you can have a major situation. I would look to protect yourself as much as possible since you are just out of BK and that's all you would need would be a personal injury suit filed against you in the next few years or so. Do yourself a favor and call your agent and thoroughly discuss.