how long is homeowners dues owed after bk discharge

[michaelrj9]

Hi all thanks for looking.
I keep on getting letters demanding payments or they will take me to court.

My BK was discharged on 3-27-09, BK filed on 12-29-08. I did pay my dues up to 12-31-08.

My question is what am I liable for and for how long?

They told me I am liable until the bank takes over. Does that mean after the discharge date or when the bank finishes up the foreclosure process? If I am lible until the foreclosure process is over with how long does this take?

I tried to as my Att. but he will not respond.

Thanks

Michael

[hopeforus]

someone else just asked this same thing and you are responsible as long as the house is in your name. at least that's what I remember reading anyway! Kind of sucks I know.

[2xBK]

From what I understand you are liable for HOA dues until the deed transfers to another party. Even if the bank forecloses, the deed may not transfer to another party until someone actually buys the property and closes on it. Any HOA dues that were owed up until you filed may have been discharged, but you are liable for the dues incurred after filing until someone else takes them over.

[DeadManCrawling]

Yes, you are responsible until the deed is changed to the bank.

It could be a short time, or could be a very very long time (years).

The banks are delaying this process more and more often, since it saves them money by making the debtor legally obligated to the HOA.

Are you still in the home? That would at least be some benefit, living rent-free until the bank or lender moves on the foreclosure.

[michaelrj9]

Wow maybe years?
How Will I know when the deed is changed to the bank. Will I be notified? The bank, HOA and the courts all know my mailing address.

No I am not living there but maybe I should move back in until I get kicked out LOL.

Would it be illegal to rent out the home until the bank takes over?

Thanks

Michael

Yes, you are responsible until the deed is changed to the bank.

It could be a short time, or could be a very very long time (years).

The banks are delaying this process more and more often, since it saves them money by making the debtor legally obligated to the HOA.

Are you still in the home? That would at least be some benefit, living rent-free until the bank or lender moves on the foreclosure.

[DeadManCrawling]

Until the deed is changed, it is YOUR house. You can rent it or lease it, but there are ethical or moral considerations. How would you feel if YOU rented a place and found out a couple months into the deal that it was in foreclosure?

Some people rent it out on a month-to-month and tell the renter the truth. Others have moved back in and lived rent-free.

The longest case I am aware of dates to 2005. She is a lady I met on another forum, and has not been actively fighting the foreclosure. The lender simply hasn't proceeded. And there is no legal way to make them foreclose or to make them hurry once they file.

Of course, any guesses for your situation are pure speculation. The lender could moce things forward the day after you move back in, or who knows when.

Either way you are still responsible for HOA, insurance and possibly maintenance until the deed is in the bank's name.