Legal Question in Real Estate Law in Indiana

We filed bankruptcy in 2008. It was discharged 2009. Our home was included. We moved out of our home when we filed. We found out today that our name is still on the deed., and we are liable should someone have an injury on that property. I called the mortgage company and asked why they had not removed our name and they said.. They were not going to. The property was ours and we could do with it what we wanted.They said they did start forclosure but it was not cost effective, so they were not going to do anything. It would eventually go to a sheriff sale for delienquent taxes. I called the Insurance company to ask if we could insure the property for liability to protect ourselves and they said no, because no one was living there.I said but it is not ours we filed bankruptcy, and he said it is your property as long as your name remains on the deed. Also the mortgage company paid the insurance last year on the property not us..The Insurance company said they would refuse payment if the mortgage compay sent a payment this month as they would not insure vacent property.My question is do we have the legal right to move back to that property so that we can insure it and protect ourselves? Can the mortgage company sue us or put a judgement against us for living there? I feel like we are being forced to move back to the the property if we want to protect ourselves, because that is the only way to Insure it. I am very confused.. I do not want to do anything legally wrong.I also want to protectus from injury lawsuits..

Asked on 1/19/10, 4:27 pm

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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I suggest that you contact your bankruptcy attorney. Also, if you are still on the deed, why dont you sell the property?

Answered on 1/24/10, 6:47 pm

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