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Paying Condo Fees after Foreclosure??

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    Paying Condo Fees after Foreclosure??

    - I filed for BK and went to the hearing on 12/31/09.

    - My lawyer said I was to continue paying the condo fees on my property until I received the foreclosure notice from the mortgage company.

    - Per my lawyers suggestion, I let the condo mgmt assoc. know I was foreclosing on the property. Sent them a letter on 1/14/09. Soon after I received a bill from them.. and immediately paid it. That would have covered me thru the month of January.

    - On 2/13/09, I received documents from their lawyers saying the mortg. company was now the current owner of the note on the property.
    - I received my discharge from the courts on 3/9/09.

    - I then sent the condo mgmt a letter advising them that any further correspondence should be made with the mortgage company's lawyers, as they now own the note.

    - On 2/18/09 and then 3/20/09 I received more bills.

    - I called the condo mgmt company and explained the situation. I was told that they couldn't do anything b/c the public land records show I still own the property. I then faxed all the legal documents I had received and asked that they contact me once they reviewed them. They never called me back. Instead they continued to bill me. Not only that, they appear to have billed me $300+ for some mystery charges on the date they received my faxed documents.

    - I called them again and as is very typical with them..was put on hold for a long time, then dumped into voice mail. I left a msg asking that someone please call me back ..but so far, nobody has. I called my lawyer, who will not look at my situation unless i pay him another $250 for a consultation...

    WHAT do I do??
    Am I wrong to assume that once I received the letter from the mortgage co.'s lawyers saying they own the note.. that I no longer own the property?
    Do I need this lawyer?
    Guidance please. Thanks!

    and btw.. how do I find out when my case is closed? I keep asking the lawyer..but he won't answer me.
    Date filed: 11/24/2008
    321 Hearing: 12/31/09
    Discharged: 03/09/2009
    Closed: 03/16/2009...but it just won't end! Garrr

    #2
    Until the actual records are updated at the county recorder's office... it doesn't matter to the condo association... or anyone else for that matter. Nothing trumps the county/city recorders office. The Bank's attorneys may have all that junk, but you may still be the legal owner.

    As for knowing if your case is open, do you have PACER?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      How am I the legal owner when they took it from me?
      So does this mean that until the property is actually sold.. my name will be on the land records? And thus.. I will have to continue making payments?
      Or should I not make them? Am i legally responsible?

      Going to check Pacer now.
      Thanks!!
      Date filed: 11/24/2008
      321 Hearing: 12/31/09
      Discharged: 03/09/2009
      Closed: 03/16/2009...but it just won't end! Garrr

      Comment


        #4
        The subject of condo HOA fees seems to come up on this forum often. Personally, I don't know the correct answer. All I know is that I haven't paid HOA fees on 2 condos in Las Vegas since 9/1/08. We surrendered these rentals.

        All that has happened is that the association placed a lien on the property.
        Chapter 7 filed 10/21/2008
        341 - 11/26 went smooth NO ASSET
        Took 115 days after 341 - But Finally DISCHARGED 3/25/09

        Comment


          #5
          I have not paid my monthly condo HOA fees and mortgage since February. After 45 days of non payment my HOA sent to collections along with the late fees. Stopped being remorseful and let Wells Fargo pay.

          I will never purchase a condo again and advise all to steer away from and just rent or purchase a home..

          Comment

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