After filing bankruptcy on my home, do I have to continue to maintain the upkeep until the lender sells it?

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After filing bankruptcy on my home, do I have to continue to maintain the upkeep until the lender sells it?

I have already moved out of the home that I filed bankruptcy on and was told that I must continue to maintain the upkeep (i.e. mowing the grass, shoveling snow, and utilities)?

Asked on March 9, 2011 under Bankruptcy Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, it is true.  You are obligated to maintain the home and continue the upkeep on the home until such time as the home is sold and title is transferred out of your name.  I know, it seems like a lot after you have already surrendered the house in bankruptcy.  But that is really only figuratively and not legally.  It can be a very long time before the house is foreclosed upon.  You should ask your attorney if there is anything that you can do to speed up the process.  In other circumstances you can negotiate with a mortgage holder to give them a deed in lieu of foreclosure and have them waive a deficiency.  But I am unsure if that can be done here.  Good luck.


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