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chapter 7 discharge and HOA fees

Posted on: 19th Apr, 2011 08:54 am
I filed for chapter 7 and was discharged of all my Properties and the banks have foreclosed on all except one.Now the HOA for that has a lawyer coming after me for those debts even though it was included in my Chapter 7. What can i do ? i thought i was done with all these through my chapter 7 and also The HOA Lawyer asked me if i would DEEED and Lou the property to them. That i don't understand since the bank owns it and has not yet foreclosed on it. If I wear to do tha would i be clear of the HOA AND ANY OTHER proceedings.Sill don't know how since i included it in the chapter &
Hi svein,

Welcome to Mortgage fit,

In my opinion you do not have enough equity in the home.and thus it can not be used to pay- off the debts.So they have kept the home with you only, as long as you are capable of paying the mortgage on time.

Currently ch.7 BK has already lowered your score and if could not afford the hose payment then you have no other alternative other than deed in lieu foreclosure.DIL foreclosure will forgive your remaining debt on the mortgage and thus you can be free.but it also affects your credit score.

So as of now you should immediately sign the deed in lieu foreclosure proposal and then only you can really get relieved from this situation.

reference: http://www.mortgagefit.com/bankruptcy/chapter7.html


Feel free to ask any further query if you have....

DIPA
Posted on: 19th Apr, 2011 11:46 am
I would definatley call the lawyer that filed the ch. 7 for you before I signed anything. U would be signing another paper with a date after your ch. 7 which could give you other issues. Call the lawyer if you were cleared in ch. 7 they should not even be calling you. When I filed a few years ago my lawyer told me if anyone contacts you have them call my office or let me know. Hope this helps.
Posted on: 19th Apr, 2011 12:34 pm
I agree with Peachez! It is always better to contact a bankruptcy attorney and take his/her opinion in this matter.
Posted on: 20th Apr, 2011 10:13 pm
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