This is a complex question.
We were discharged CH7 in July ’10 and included our 1st mtg and our 2nd mtg (BOFA Heloc). Trustee sale was completed for about 65k over the first mtg balance and the excess was deposited with the Arizona State Treasurer. AZ homestead exemption is $150K. Trustee mails out notices to all interested parties of which the HOA was owed $250 with the balance owed to BOFA. There’s been no activity by either to claim their funds in over 9 months.
We’re considering an application to have the fund released to us. I’m betting that the HOA wont respond to their notice (since I took them to BK court TWICE for violations and won) and that BOFA is so overrun with work and is so bolloxed up they cant respond in 30 days.
Do I have any right to collect the proceeds if I rejected the property and or discharged the loan ? I took no exemption for the homestead in my paperwork ( we filed pro se).
I’d appreciate any ideas. Thanks.
We were discharged CH7 in July ’10 and included our 1st mtg and our 2nd mtg (BOFA Heloc). Trustee sale was completed for about 65k over the first mtg balance and the excess was deposited with the Arizona State Treasurer. AZ homestead exemption is $150K. Trustee mails out notices to all interested parties of which the HOA was owed $250 with the balance owed to BOFA. There’s been no activity by either to claim their funds in over 9 months.
We’re considering an application to have the fund released to us. I’m betting that the HOA wont respond to their notice (since I took them to BK court TWICE for violations and won) and that BOFA is so overrun with work and is so bolloxed up they cant respond in 30 days.
Do I have any right to collect the proceeds if I rejected the property and or discharged the loan ? I took no exemption for the homestead in my paperwork ( we filed pro se).
I’d appreciate any ideas. Thanks.
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