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    Does anyone know what this means

    Got the complaint filed by the court today....... the complaint says that the defendant ( that is me ) is immune from personal liability on said note byibed virtue of bankruptcy .....then states case number. but then it says that capital one fsb may claim an interest in the above described property. also the condo association where i am the manager.may have a claim....but i kept current my association fees just because i am the manager. capital one is a credit card that i had and now is in a chapter 13. maybe i will loose my job from the condo. but my personal business should not matter. the court sent a copy of the complaint to the layer for the association. should not matter to them fees are paid up......my condo was included in a chapter 7 about 7 years ago and i did not re-afirm the loan.......what happens now...........condos are selling for 3 and 4 thousand dollars in sheriff sales and you can sell it ............worth less than i paid for it..........my life is a mess

    #2
    When a lender sues for foreclosure, they must list everyone who has an interest in the property. Condo and Home Owner associations, of which the home is a member, will always have an interest (by law). Now, as to Capitol One FSB, they must have obtained a judgment lien on the property as well. All of these folks will be listed as "co-defendants" in the lawsuit. This is normal. Your summons probably also reads "Unknown Tenant #1", "Unknown Tenant #2" and so forth, as they must serve all adults occupying the property.

    So this is nothing but the lender proceeding with foreclosure. They also rightfully state that you are in a pending bankruptcy and that they aren't going after you (in personam), just the property (in rem).
    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.

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      #3
      So now the complaint has been sent to the lawyer for the condo association........ as far as I can see they have no grounds to go after me because I have been paying my fees and have the cancelled checks to show I paid. Now the complaint says I have three days to respond so what happens if I don't respond to the complaint. How long does this take now before this over. I would have never went this route but we have 48 units and $50,000.00 in bad debt owed to us. Can't sell because units are going for 3 and 4 thousand dollars in foreclosures. Value of the property is less than it is worth.
      I just want it to be over. Can Capital One go after me? Thanks for your help.

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