Asked over 4 years ago - Portland, OR
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Home went into foreclosure and the sheriff sale occurred.
Who's responsibility is it to maintain the plumbing and heating of the home if I no longer live there? In these cold winter months the pipes could freeze, is there something more I should do?
You don't say what state you are in. However, if the sale was confirmed and title has passed, it is no longer your house. The new owner is in theory responsible for maintenance of the house, and for winterizing it to avoid pipes freezing. There was a time when lenderd had people to take care of these details. However with the current enormous numbers of people and houses affected, it may not be handled in a proper or timely manner. If it is possible for you to be held responsible for a deficiency judgment depending on the state in question, it is in your interest to do what you can to avoid deterioration of the house. I would suggest that you send a letter to the new owner (probably the lender) to advise them of when you will be leaving and to pointedly remind them that the house needs to be winterized or the pipes will freeze. Send it certified mail and make sure to save the receipt.
If it should ever happen that the lender does pursue deficiency judgment, at least you will be able to show that any harm to the property that resulted from the lack of winterizing was the lender's fault and that you attempted to mitigate damages.
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