Hello. Thank you for posting your question and for allowing me to be of service to you.
I am very sorry you are dealing with this situation. Unfortunately this is a common problem today with the real estate market being down and banks not rushing to foreclose. Five years is unreal and ridiculous. This really is a part of my job I don't enjoy which is delivering bad news and I ask you not to shoot the messenger.
There is nothing that can currently be done to compel the bank to take title to the property to cut off your liability.
One thing others are doing in this situation is renting the property out to offset fees to the HOA. If the property is rented and the tenant is explained the situation upfront then it would be a self help way to stop the bleeding and begin to dwindle down the HOA dues. You could apply the entire monthly rent
to the past dues and maybe cut a deal with the HOA.
Another means would be to convince the HOA to initiate a foreclosure for unpaid HOA dues which could compel the bank to take action. However, if I were in your shoes I'd call the bank often and actually get to a person in the bank that can make a decision and assist you with this.
If you filed chapter 7
, then you can file again after the 7 years from your previous filing and include the HOA dues. I know this is not practical and not a favorable solution but it is a possibility.
While not a solution, consider writing to your state representative describing your situation in hope that the state legislature will pass a law to eliminate this problem for others in the future.
I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.
All my best & encouragement.
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Thank you for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.