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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11779
Experience:  JD, MBA
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Prior to foreclosure of my single family home in WA, what maintenance

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Prior to foreclosure of my single family home in WA, what maintenance and/or utilities am I responsible for/required to keep up?

I have not paid the mortgage payment for 6 months. I filed chapter 7 and did not reaffirm the mortgage (ie. I'll just let the foreclosure process run its course).

Supplemental question: In my case is there any benefit to doing anything else other than let the house foreclose, assuming I don't wish to stay in it any longer since I moving to another state?
Hello and thank you for allowing me the opportunity to assist you.

Q: Prior to foreclosure of my single family home in WA, what maintenance and/or utilities am I responsible for/required to keep up?
A: You are not required to pay for anything. Anything owed would have been discharged in the Chapter 7, and if the house is being foreclosed, then there is no reason to pay for anything. The one exception would be HOA fees (if applicable). HOA fees can be discharged, but new fees will begin accumulating after the bankruptcy. Because of that, hopefully the lender will foreclose quickly so that it, and not you, is liable for the HOA fees.

Q: In my case is there any benefit to doing anything else other than let the house foreclose, assuming I don't wish to stay in it any longer since I moving to another state?
A: I don't know the details of your situation, but if you are going to let the house go, and you are moving to another state, and the mortgage is discharged, then I see no reason not to allow a foreclosure. I've seen situations where clients want to work out a short sale or deed in lieu, and I always tell them that they are wasting their time and effort. Once the mortgage is discharged in bankruptcy, they get no benefit from avoiding the foreclosure, except that they may be able to get another mortgage prior to the current 2 year wait after a foreclosure. But I don't think I've ever come across anybody who was facing bankruptcy and foreclosure, and who had any chance of immediately buying another house before 2 years. So it's a moot point.

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