Help!!!

[spearmint]

I am in a real bind.

The bank wrongfully foreclosed on my condo and the lawsuit I filed is held up in court. In the meantime I am renting my home from the new owner - the bank sold it to a third party. Well, now the new owner forwarded a letter to my attorney from a debt collector looking for past condo dues. I don't have the money to pay these and I don't want to be kicked out. Can my attorney file a motion to stay for these past-due fees until the lawsuit is finished?

[ryan]

I would definitely put this question to your lawyer. Probably more complicated than it sounds.

Just my non-lawyer opinion, since you no longer own the condo, while you may still owe the back dues, I don't think the HOA can kick you out for not paying.

[tobee43]

HOA dues are about the ONLY thing you are financially responsible for after the mortgage was discharged. so they can collect any back dues owed to you them...via you. your attorney should have advised you of that.

[spearmint]

HOA dues are about the ONLY thing you are financially responsible for after the mortgage was discharged. so they can collect any back dues owed to you them...via you. your attorney should have advised you of that.

Yes, I know I am responsible. I am afraid the new owner may try to kick me out because of it, though. Anyway, I asked my attorney to try to file a Motion of Stay in court so this is not resolved until the lawsuit for the foreclosure is resolved. I haven't heard back from him yet, though.

[tobee43]

i'm certain he or she will be able to answer your question more effectively for your situation.

since i have a difficult time understanding there is a "new" owner if the foreclosure procedure has not be completed?? usually the house or condo is foreclosed...then a sheriff's sale...and then a transfer of the deed....usually a warrenty deed and a release should be sent to release you...so i would wait until you get some good legal advise.

[spearmint]

The attorney is next to useless!

He told me to contact them myself to make payment arrangements as he is handling the foreclosure lawsuit.

My problem is I can only presently afford about $25 a month and I owe them, with fees interest and all their lousy special assessments, about $3000. Do you think they would accept $25 a month? I am working for min wage at the moment because my previous position was eliminated and it's hard to make ends meet.

[spearmint]

i'm certain he or she will be able to answer your question more effectively for your situation.

since i have a difficult time understanding there is a "new" owner if the foreclosure procedure has not be completed?? usually the house or condo is foreclosed...then a sheriff's sale...and then a transfer of the deed....usually a warrenty deed and a release should be sent to release you...so i would wait until you get some good legal advise.

The foreclosure is complete. My home was sold to a third party. However, I filed a lawsuit for wrongful foreclosure as soon as I found out it had been sold.

[tobee43]

The attorney is next to useless!

go to legal aid.....sounds like you may qualify...and nowadays most judges do not throw people out in the street...even IF they take you to court...you GO....plead with the judge that you will make payments of 25$ because that's all you have.

in the meantime write the new owners a cert letter stating your hardship and ask if they would accept payments?? it might help.