Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
Are you living their?
Or have you moved out?
We have not lived there in over 3 years and it is a townhome.
was the house listed in your bankruptcy?
Are you being billed for any taxes?
No taxes as yet, but we are being billed for the Homeowners association dues
what has the lender stated when you contacted them?
Did you surrender the property?
in the bankruptcy filing?
We have not contacted them And it is Bank of America.
The attorney that we used did not surrender the property. He stated that it was understood. i am now finding out that it is not.
the lender has not started a foreclosure suit?
Have you contact the management board to offer a quitclaim deed?
They stated that they were back in December of 2010, so I kicked my renters out.
which management board?
who do you pay common charges to?
Taos of Lone Tree
1. You should contact Taos of Lone Tree, and advise them you want to deed over the property to them,
2. Contact BOA to quit claim it to them as well,
3. If both will not agree, rent out the property again and collect rent, until the
Is it common for them to accept, and what if they do not?
bank take care of this
The bank should agree, as they would save money,
the management company, may agree, so they can sell it or rent it out,
if both do not accept the deed, they have to spend money to foreclose, and sell it themselves
So I should first contact the management Co and let them deal with the bank if they accept the quick claim deed
yes, contact them first, they may agree to do this, then contact the bank and advise them you will deed over the property to them now,
and your liability has been discharged through a bankruptcy,
Worst case, begin renting the property, and collect rent,
What about back taxes, can we be held accountable?
you may be liable, the reason is that the property is in your name, and was not surrendered in bankruptcy,
Is there anyway to back up and send the surrender letter to the bank?
Dated the date of the bankruptcy.
you can file a motion to repen the bankruptcy and amend your petition to state that you surrender the property,
But it is easier to quit claim the deed to the bank,
Should our attorney have done this at the time of our bankruptcy?
yes, he should have listed the property as being surrendered,
Thank you for your help it was well worth it!
Also, if you do not pay the common charges, the company
will have to take over the property, so that should be considered as well
If you have any further questions please do not hesitate to ask
If satisfied please press the accept button so we can receive credit
We have already been sued to the HOA dues and are currently paying.
if you do not pay they should take the property,
They did not.
and you should consider stop paying them, or contacting them now to quit claim the deed to them,
Will do. thank you
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