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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34087
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Hi "S", I have a new question for you. I stopped making mortgage

Resolved Question:

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?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.

Who is "they?"

 

Homeowners association, lender, county tax collector, etc?

Customer: replied 1 year ago.

Sorry.....The Neighborhood Improvement Association.

Expert:  socrateaser replied 1 year ago.
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, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34087
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year 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?

Expert:  socrateaser replied 1 year ago.

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 1 year ago.

Your answers are always top shelf.


Thank you again.....

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