How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37952
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
10097515
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Hi "S", I have a new question for you. I stopped making mortgage

This answer was rated:

Hi "S",
I have a new question for you. I stopped making mortgage payments on my residence over 3 years ago. I have not lived in it for 6 months. I surrendered it in my bk 7 in 2011. They just now sent me a bill for nearly $3000.00. Do I have to pay it?

Who is "they?"

 

Homeowners association, lender, county tax collector, etc?

Customer: replied 3 years ago.

Sorry.....The Neighborhood Improvement Association.

If this association's assessment rights were created by a declaration of covenants recorded with the county, and to which your deed was expressly made subject on its face, then the covenants "run with the land," and that means they cannot be discharged in bankruptcy -- and you still owe the bill.

Otherwise, you do not owe anything, and you can tell the association that you filed bankruptcy, and they need to go away, or you will sue them for contempt of the bankruptcy injunction.

Hope this helps.
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

How do I find out if the association was created by a declaration of covenants recorded with the county, and to which your deed was expressly made subject on its face? And, do these entities report to the credit bureaus?

If you still have a copy of your deed, read it and see if the neighborhood improvement association (NIA) is indicated on the deed as a restriction (e.g., "...subject to the declaration of covenants of the Neighborhood Improvement Association.").

Or, contact a title company and have them run a title report on your old address. The title company can tell you whether or not you're subject to the NIA's covenants -- or if there are any covenants.

Also, I forgot to mention that from the date that you vacated the property and no longer had any title interest in the property, the NIA could no longer collect fees from you to the extent that they would accrue after you both vacated and no longer held title. So, if some portion of the bill is levied based upon a time period where you no longer the owner or occupant, then you aren't liable for that portion of the bill.

Re a report to a credit bureau, the underlying assessments probably would not be reported, but if your bill is sold to a debt collector, then that agency will almost certainly ding your credit report.

Hope this helps.

Customer: replied 3 years ago.

Your answers are always top shelf.


Thank you again.....

Related Bankruptcy Law Questions