I resided in Arizona and filed chapter 7
bankruptcy in May 2009 because I lost my job and had no income. I owned a home which was in an HOA. I had not paid my mortgage for several months and the lender filed its intent for a Trustee
's sale. The lender postponed the foreclosure because of the bankruptcy. I was granted a discharge in November 2009, which included a discharge of the mortgage debt on the property and the delinquent HOA fees pre-petition
. Following the discharge, I contacted the lender and told them that since I no longer had a debt to the property I had already vacated the property and wanted to transfer title to the lender so they could proceed with the Trustee's sale. I asked the person I spoke with if I could file a quit-claim deed and she said yes. I did that in August 2010, recorded the deed with the County recorder in AZ and sent the copy to the lender. Over the course of the past 3 years, the bank has scheduled and then postponed Trustee's sales, and several months ago, they sold the loans to a new lender. Now, it appears that the new lender has scheduled a Trustee's sale, and the HOA is coming after me for about $7K of HOA fees that are still accruing through July of 2013, and they want me to pay this prior to the sale, even though the County Assessor clearly shows that the previous lender has title to the property, and has, in fact, been paying all of the taxes
, insurance, etc. This lender dragged its feet and did nothing to try to sell the property once the bankruptcy was discharged. Any suggestions?