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Surrender House after BK closed

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    Surrender House after BK closed

    When i initially filed BK, I said I was keeping the house but it Was still included in the Chapter 7 BK. I did Not reaffirm mortgage. BK closed 1 year
    ago (early 2009). I have recently moved out of state AZ and the house
    has been on the market for 8 months. I now have about 8K in equity after Realtor costs. I have decided to quit paying on the mortgage and just let it go if it does not sell in the next 2 months. My Question is : 1) will the foreclosure happen quicker than normal because it was included in the BK. 2) I am stopping HOA monthly payments but I Forgot to include that in my BK. what happens with that? I am on disability so no money to go after there. Should I continue to pay HOA?
    thanks for any input

    #2
    You will be liable for any unpaid HOA fees until the bank takes the property back. It doesn't sound like you were behind before so I assume there were no past due HOA fees to be discharged anyway.
    Case Closed > 2/08/2010

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      #3
      Originally posted by michea View Post
      When i initially filed BK, I said I was keeping the house but it Was still included in the Chapter 7 BK. I did Not reaffirm mortgage. BK closed 1 year
      ago (early 2009). I have recently moved out of state AZ and the house
      has been on the market for 8 months. I now have about 8K in equity after Realtor costs. I have decided to quit paying on the mortgage and just let it go if it does not sell in the next 2 months. My Question is : 1) will the foreclosure happen quicker than normal because it was included in the BK. 2) I am stopping HOA monthly payments but I Forgot to include that in my BK. what happens with that? I am on disability so no money to go after there. Should I continue to pay HOA?
      thanks for any input

      Yes, I would definetely continue paying the HOA fees. They are your responsiblity. Unpaid Taxes after you foreclose will go with the house. But the HOA fees will be your responsibility especially since they are not included in the petition.
      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
      Contacted Lawyer October 2009~Filled out Chapter 7 Petition January 2010 ~Credit Counseling Jan 2010
      Have yet to file Chapter 7

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