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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34857
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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my wife and i recently filed a chapter 13 in the state of hawaii,

Customer Question

my wife and i recently filed a chapter 13 in the state of hawaii, where we live. we gave away our rights to a 2 bedroom condo in las vegas and thus stopped paying the mortgage, however our attorney who is not familiar with las vegas real state law advised us to keep paying the maintenance fee on the unit. can anyone advise us of how to proceed as to not pay the maintenance fee.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
What do you mean by "we gave away our rights?"

Did you quitclaim the property to someone else?

If yes, then to whom did you deliver the deed?

If no, please clarify.

Thanks.
Customer: replied 2 years ago.
we quitclaim the property to the mortgage company
Expert:  socrateaser replied 2 years ago.
If you quitclaimed the property to the mortgage company and you do not have possession of the property, then you are not liable for the association fees, except for those fees which were due and payable prior to the date of the quitclaim.

Therefore, there is nothing to do and no reason to pay the association.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34857
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

can i ask another bankruptcy question?

Expert:  socrateaser replied 2 years ago.
Certainly you may. Please click Accept for my answer to your original question and I will be delighted to consider your new question here.

Thanks in advance.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.
i'm sorry , my mistake. we did not do a quitclaim we just did a chapter 13.
Expert:  socrateaser replied 2 years ago.
Then, you are liable for homeowners assessments that become due and payable after the date that the Chapter 13 petition is filed, until the date when you no longer have legal title to the property (Bankr. Code 523(a)(16)).

If you want to stop owing the fees, then you could quitclaim the property to the lender, and then (assuming that your bankruptcy lawyer provided for the discharge of the assessment fees upon discharge of your bankruptcy as part of your Chapter 13 plan) your obligation for all of the fees would be discharged when your Chapter 13 is discharged.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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socrateaser
socrateaser
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Attorney and Real Estate Broker -- Retired (mostly)