Disclosing Damage before moving out

[sunflwrgrl13]

Our ch7 has been discharged and we have been served paperwork on our house. We believe the house will be sold within the next 6-8 weeks or so, but we are moving out now. In recent weeks, we have noticed a leak in our basement ceiling along our outer wall, that has damaged quite a few ceiling tiles and our toilet in the master bath has stopped working properly. Do we need to disclose these problems to the attorney handling the foreclosure? My mother seems to think we do, but I'm thinking we are under no obligation to do so. I am really concerned that this water leak will cause extensive damage when it rains, as I'm sure mold growth will occur when we turn the power off in a few weeks time, and the heat and humidity is only going to get worse. I don't want the house so badly damaged that it won't sell and we are stuck with the damn thing in our name.

Do you think it would do any good to inform the attorney? Would they expedite the auction to get someone in here before it gets too damaged, or should we just stop worrying about it completely?

[shark66]

They don't care and neither should you.

The bank won't be able to sell the house with any serious damage or mold issues, so let them fix it.

Not your problem anymore.

My $0.02 only...

Good luck.

[frogger]

As long as you did not create/cause the damages, you have no worries. Pack up and move!

[AngelinaCatHub]

It does not matter. As a courtesy you could write him a letter. No doubt he cares less too. He'll drop it in the round file. Keep a copy of the letter. Only if it makes you feel better. 'Hub

[CCCrazy]

What, you mean if the bank doesn't try their best to work things out with me, I can't take a sledgehammer to the walls before I move out...I mean, I'm still the owners and I can do whatever i want to my own house before the trustee sale...

[Clabbergirl]

Glad you've asked this as I have a similar question. My house needs several repairs, but all things that are natural aging of property, nothing I've damaged on purpose.
The grass, however, is growing fast and my mower breathed its last breath. Does a homeowner get punished for things like unkept lawn (my HOA was included on my credit matrix so no worries from them coming after me), or removal of things left in the house?

[CCCrazy]

Shoot, go on the web and look at foreclosed properties in FL...people remove the fridge, the washer and drier, poor bleach on the wood floors, put holes in walls with sledgehammers...I will do the same...the banks can't do anything to you...the property is IN YOUR NAME until it's sold on the steps of the courthouse...

[Clabbergirl]

I'm still in the house though. Would the bank try to say that damages were done between the court sale and the date I move out? I expect to move out very soon after the sale, but a day is a day... and I'm taking my refrigerator with me too.

[disconapper]

... and I'm taking my refrigerator with me too.

Awesome line!

[sunflwrgrl13]

Yep, we've already sold our built-in dishwasher, and the rest of our appliances are going with us too. They were ours when we moved in, so I see no reason why we should leave them.

As far as deliberately damaging the house, we really don't have any reason to. For a variety of reasons, we are glad to be rid of it. So we really don't feel any hatred towards the banks enough to damage the house that much. Our biggest concern is that there will be enough damage from this recent water leak, that it won't sell and we are stuck with it in our names.

Our next biggest concern is the liability we have if someone gets hurt on the property after we move out. We are moving an hour away and will likely have to pay someone to cut the grass once/twice a month until it sells and I wonder what the repercussions would be if they got hurt somehow.

[ssmdem]

Yep, we've already sold our built-in dishwasher, and the rest of our appliances are going with us too. They were ours when we moved in, so I see no reason why we should leave them.

As far as deliberately damaging the house, we really don't have any reason to. For a variety of reasons, we are glad to be rid of it. So we really don't feel any hatred towards the banks enough to damage the house that much. Our biggest concern is that there will be enough damage from this recent water leak, that it won't sell and we are stuck with it in our names.

Our next biggest concern is the liability we have if someone gets hurt on the property after we move out. We are moving an hour away and will likely have to pay someone to cut the grass once/twice a month until it sells and I wonder what the repercussions would be if they got hurt somehow.

I worried about getting it out of my name quickly too. However once the bank forecloses and the auction is held -- if the house reverts back to the bank (it will if the loan is underwater) - it IS out of your name. Sheriff's sale removes it from your name -- you're free and clear -- doesn't matter what damages there are. Me personally, I wouldn't intentionally damage it -- but I don't plan to make any more repairs to this place!

[tripbuddy]

we are stuck filing BECAUSE our house has just bled us dry. This last event (2 at once, including the roof) was the final straw. I HOPE the bank can't do anything to us for water damage, etc, OP. It would make this whole BK thing useless for us. Many of our belongings are already ruined (we've closed off that one room), and anything in the attic is trashed as well. Any nickles we can rub together after all this is over, we'll need to use to replace water-damaged belongings. I just hope mold doesn't make us all sick before we save enough to get out, and find somewhere to rent.

Water issues stink, don't they?

And if anyone knows if the bank can come after us for house repairs that need done (that we obviiously know about), please tell me (and OP) quickly before we go deeper into this mess!

[CCCrazy]

As someone already said, as soon as the sheriff's sale takes place at the end of the foreclosure process, the house is out of your name and the bank can't do anything to you... why are people so TERRIFIED of the banks...they can do NOTHING to you after the sheriff's sale!!!

I'm glad someone reminded me about selling stuff before moving out if you don't want to take it with you...sell the built in dishwasher, the washer and drier, the fridge...shoot I have seen pics online where people ripped out the wood cabinets to sell them.

[Pandora]

As someone already said, as soon as the sheriff's sale takes place at the end of the foreclosure process, the house is out of your name and the bank can't do anything to you... why are people so TERRIFIED of the banks...they can do NOTHING to you after the sheriff's sale!!!

Just to clarify - until your right to redeem is over and the deed actually transfers & is recorded - you are still responsible. Really depends on if judicial or non-judicial.

[CCCrazy]

Responsible for what?!?!? That's right, YOU'RE still the owner and you can do whatever you want to the house until the deed transfers and is still recorded...the bank can come after you for NOTHING - they get the house as is...period.