Questions about foreclosure and Association fees

[buddha]

We filed a chapter 7 in the last quarter of 2009 and were discharged Janurary of 2010. We also gave up our condo to the bank. It was btw the best financial decision my wife and I have made in a long time. I read a lot in this forum prior to filing and was encouraged a lot here.

My first question deals with forclosure. We were just served a couple days ago with a complaint to foreclose mortgage. We dont know what to do with it. It says we have to respond in 30 days or a judgement will be held against us. There are several listed amounts that they want. Now, we moved out of our condo last November, right after our 341. We stopped paying at that time. Do we have to answer this and if so what do we have to answer with? We were under the impression that once it was given up in the bankruptcy it was theirs at that point.

My second question deals with the association fees. We payed up until we left, and even payed a move-out fee. Can the association still try to get money out of us (this obviously has nothing to do with this complaint directly, but since they still consider the place ours at this point I dont know what our responsibilities are since we paid a move out fee)

Any help would be greatly appreciated. we tried contacting our lawyer but he is not getting back to us, probably because he already has our money.

[justbroke]

My first question deals with forclosure. We were just served a couple days ago with a complaint to foreclose mortgage. We dont know what to do with it. It says we have to respond in 30 days or a judgement will be held against us. There are several listed amounts that they want. Now, we moved out of our condo last November, right after our 341. We stopped paying at that time. Do we have to answer this and if so what do we have to answer with?

First, when you surrender a property in Bankruptcy, you do not lose ownership rights or liability, unless and until the creditor actually forecloses upon the property to gain title.

Can the association still try to get money out of us (this obviously has nothing to do with this complaint directly, but since they still consider the place ours at this point I dont know what our responsibilities are since we paid a move out fee)

They do this by foreclosing on the property. It reads as though that is what's happening. In any event, you are technically responsible for all association fees/dues that occur after filing your bankruptcy. If you live in Florida, you have some recourse, since Florida makes 12 months of the dues/fees the responsibility of the Bank!

Any help would be greatly appreciated. we tried contacting our lawyer but he is not getting back to us, probably because he already has our money.

Well, your case is done and closed. He doesn't owe you anything.

[qsr]

Can an HOA foreclose on property if they sued me/ put a Lien on the property before my BK7? I assume I will have to start paying my HOA dues again now that I've filed.

[justbroke]

Can an HOA foreclose on property if they sued me/ put a Lien on the property before my BK7? I assume I will have to start paying my HOA dues again now that I've filed.

Yes, the HOA can foreclose. In many States, HOAs enjoy very special super lien status and can foreclose in the most expeditious manner known to man. Never play with a foreclosing HOA unless that is what you want.

[buddha]

Thank you for all your help. That cleared up a lot.

What I still do not know however is "Do I need to respond to this summons, or is it because I am not wanting to keep the home I do not need to answer it?" It just states that a judgement will be held against me if I do not answer, and I dont want to end up having to pay any money, just get rid of the home.