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Watts Charges/Epstein Credits on Foreclosed Property

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Ems Grammy

Junior Member
What is the name of your state (only U.S. law)? CA

OP is asking for Watts Charges on our home, from which he was removed (TRO) in 2008. It is clear he intended to vacate and foreclose from the time he left. In 2009, he surrendered 1st and 2nd mortgages in Chapter 7 BK -- as did I. I have lived here with our children since the separation. I applied for a loan mod, and was approved; but OP is only name on 1st mortgage, so couldn't execute mod. I made 7 Trial Payments toward loan mod. Home is in default, and will foreclose soon. OP is now asking for Watts Credits at $500/mo for 29 months. Can he collect if he walked away from the debt? Remember, the mortgages were discharged in Chapter 7.What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

OP is asking for Watts Charges on our home, from which he was removed (TRO) in 2008. It is clear he intended to vacate and foreclose from the time he left. In 2009, he surrendered 1st and 2nd mortgages in Chapter 7 BK -- as did I. I have lived here with our children since the separation. I applied for a loan mod, and was approved; but OP is only name on 1st mortgage, so couldn't execute mod. I made 7 Trial Payments toward loan mod. Home is in default, and will foreclose soon. OP is now asking for Watts Credits at $500/mo for 29 months. Can he collect if he walked away from the debt? Remember, the mortgages were discharged in Chapter 7.What is the name of your state (only U.S. law)?
I don't see how he can prevail with that.

Unless you could have rented out the home for an amount greater than the mortgage/property taxes/upkeep etc. I don't see how he could prevail.

In addition, I don't see how you could have legally executed a lease to rent the property to someone, when the mortgage wasn't being paid and you discharged the debt in a bankruptcy. The bank could have foreclosed long ago.
 

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