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Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I need a bankruptcy attorney

Resolved Question:

I need a bankruptcy attorney
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

What is your Bankruptcy Law question?

Customer:

hi Chris,

cfortunato :

Hi - what would you like to know?

Customer:

my question is this: i have been discharged from a bk7 as of july 31 2011. i had investment properties that i surrendered, but since the mrtg companies had not acted to foreclose, i moved into one of thje properties that i surrendered. Still no meaningful activity from the court. here's my question: there is a HOA on the property that i'm living in, if i still retained this property i know they could put a lien on this property for the 2 years of HOA, but since thjis property is surrendered, cna they put a lien on any other property that i own?......thanks

cfortunato :

A Bankruptcy cannot discharge any HOA dues that accrue after the Bankruptcy is filed.

cfortunato :

Any property owner with an HOA is responsible for the HOA dues until the property changes hands.

Customer:

How do they inforce that?

cfortunato :

In other words, the HOA can proceed to collect any unpaid dues that accrued after your Bankruptcy was filed, in any manner available - including to place a lien on other property that you own.

cfortunato :

Is this what you wanted to know?

Customer:

wait, if i was not living here, and it took the mrtg company 5 years to foreclose, i wouold be responsible for 5 years of HOA

cfortunato :

Unfortunately yes - you remain responsible for the HOA dues until the property is finally foreclosed. It does not matter whether or not anyone is living in the property.

cfortunato :

Additionally, you have the right to live there or to rent out the property to someone else until the property forecloses.

cfortunato :

Renting out the property can help pay the HOA dues.

Customer:

Can the mrtg company come after me for the rent that i collect?, and does the HOA report to the equifax, experian, etc.?

cfortunato :

No - the mortgage company cannot take any of your rent - because your liability to pay the mortgage was discharged in your Bankruptcy.

Customer:

And, does the HOA report to the credit reporting agencies?

cfortunato :

Are you asking if your HOA reports delinquent accounts to the credit bureaus, or if HOA'a in general report delinquent accounts to the credit bureaus?

Customer:

well, my HOA.

cfortunato :

Thank you for your response.

cfortunato :

I couldn't possibly know if your HOA reports delinquent accounts to the credit bureaus.

cfortunato :

You would be able to find out by getting a copy of your credit report.

cfortunato :

You are allowed to get a free one from each credit bureau every year.

cfortunato :

www.annualcreditreport.com

Customer:

Then, do HOA's in general report to the credit bureaus?

cfortunato :

No - HOA's generally do not have the means to enter delinquent accounts on credit reports.

Customer:

then, this may be a silly question, but if they cannot do that, then how can they put a lien on a property that they have nothing to do with. i.e. A different property that i own?

cfortunato :

Whether or not a debt goes on one's credit report has nothing to do with whether or not an HOA can place a lien on other property.

cfortunato :

However, before the HOA can place a lien on other property, the HOA would have to go to court to get a judgment.

cfortunato :

That judgment would go on your credit report.

Customer:

ok, thank you so much......good night.

cfortunato :

You're welcome! And good night to you also!

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

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