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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2446
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed for bankruptcy. It was discharged in Marc of last year.

Customer Question

I filed for bankruptcy. It was discharged in Marc of last year. Somehow in the Bancruptcy we still maintained ownership of this condo. Being in the financial position we were in we naturally got behind on our HOA fees. HOa fees and attorneys fees continue to accrue and the bank is not foreclosing. We do not know how to stop the bleeding. Please if you have advice on that. But my question is why did my bancruptcy attorney put me in this situation instead of deeding the property back to the bank.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Did you reaffirm the mortgage in the bankruptcy case?

Terry L. :

I guess you have stepped away.

Terry L. :

Well,

Terry L. :

if you did not reaffirm, you are not on the hook for the mortgage payments.

Terry L. :

You are responsible for the assessments though, from the date of the filing of the BK until the property forecloses or is sold.

Terry L. :

So, if there is just 1 mortgage, you may talk to them about doing a deed in lieu of foreclosure.

Terry L. :

Saves everyone time and money and transfers title to end your association liability.

Terry L. :

Another option is to talk to the association, sometimes you can surrender the unit to them, in satisfaction of what is owed, and they can rent it out to recoup costs etc. Not all will let you, so discuss it with them.

Terry L. :

If you did reaffirm, then you are on the hook for the mortgage too, and would be best off to try to sell it, but you can also do a deed in lieu as well, but that could hurt your credit.

Terry L. :

let me know if you have any questions.

Terry L. :

thanks and good luck if I don't hear from you.

Terry L. :

Terry

Customer :

Hi Terry

Customer :

Should my attorney have discussed the deed in lieu of foreclosure with the Mortgage company at the time of bankruptcy so that I could avoid this situation?

Terry L. :

Technically it's not a bankruptcy issue, but that is something I mention to my clients.

Terry L. :

the lender may not agree to it either, so it's not always a guarante

Terry L. :

do you have any other questions?

Terry L. :

if you do, reply and I'll respond. thanks

Terry L. :

any further questions?

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