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    solidzane's Avatar
    solidzane Posts: 111, Reputation: 8
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    #1

    Dec 7, 2015, 04:43 PM
    End of Bankruptcy problems.
    My parents filed bankruptcy x years ago, and last month the bankruptcy ended. Part of the bankruptcy was that they had to surrender a house. During the bankruptcy they had my half brother living on the property because the bank wouldn't or couldn't take the property until the end of the bankruptcy. Within the last month, after the end of the bankruptcy, someone moved an Rv mobile home into the back yard and they were stealing utilities. Now the city is planning to fine or arrest my parents.

    I guess the question is, are my parents still responsible? The bank should have taken the house at this point. Isn't the bank now responsible for the property since it was to be surrendered back to them at the end of the bankruptcy?

    This is in California, the property is in San Bernardino County. If you need any other details, I'm happy to provide.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 7, 2015, 07:24 PM
    First a bankruptcy is not complete until there is a final discharge paper issued by the court. Has that been issued.

    And next as strange as it may sound, a bank may wait years to ever take the house, and sometimes they just don't.

    Your parents own the property till the time the paperwork is signed, and filed at the courthouse.

    If someone is stealing utilities, merely report them to the police and notify the utility that you are not aware of who they are, and give them a copy of the police report filed against the people living there. Also remember that if there is no liability insurance on property, someone getting injured there, could also sue.

    Your attorney needs to contact the lender and get the deed transferred and filed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Dec 14, 2015, 12:05 PM
    Tell the city what you have told us. Bottom line is that the house belongs to the bank; your parents apparently "walked away" from it and the bank should have taken over. It looks to me that the bankruptcy didn't prevent the bank from taking possession. Whether the bank did or not is not your parents' problem.

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