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I'm trying to find out if a mortgagee has any responsibility…

Customer Question
I'm trying to find...

I'm trying to find out if a mortgagee has any responsibility for damages done to a home by a tenant on an owner occupied property-when the lender knew the house was not owner occupied, and when the owner has dementia and didn't know what was going on with the tenant

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, i'm just investigating, but I have talked to the lender and they seem intent on foreclosing and sueing for any deficiency balance-but that's only because the tenant tore up the property so badly that there is now no equity to be retrieved from it

Lawyer's Assistant: Where is the home located?

Missouri

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wanted to know if chapter 7 might protect my mother from the lender pursuing a deficiency judgement

Submitted: 26 days ago.Category: Real Estate Law
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Answered in 6 hours by:
3/29/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 25 days ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,937
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 25 days ago

Good morning. Until the home is foreclosed on and taken back by the bank, it is still the duty and obligation of the owner, to maintain it. If they had a tenant living there who was destroying the home, they would need to not only evict them and remove them from the home BUT sue them for damages which the tenant called. The bank would not responsible for this and if the owner rented the home out, they would be liable for the actions of their tenant. If they have dementia, someone needs to have POA over their affairs and property, to care for it or at least help them manage the property.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 22 days ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 22 days ago
Would chapter 7 protect my mom from having the mortgage co come after her estate for any deficiency balance owed if I cant sell the house for enough to pay off the mortgage in full because of the damage done to the house by a renter? ( i am already the court appointed guardian of my mom's estate)
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 22 days ago

Good afternoon and great to hear back from you. Yes, it is possible that Chapter 7 could protect her if she filed for BK and the home was included. They may be able to foreclose and take the home back BUT not proceed after her for any deficiency, so if this is a concern and she qualifies, she can possibly do so, if it is in her best interest. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 19 days ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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