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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36518
Experience:  Bankruptcy Lawyer. Experienced.
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When you file Chapter 7 and have all debts (mortgages) associated

Customer Question

When you file Chapter 7 and have all debts (mortgages) associated with a certain property discharged, then are still named in the final judgment for foreclosure. That is only due to your name still being on the deed and will not result in me being responsible for any deficiency correct?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 11 months ago.
Hello,

Thank you for your question. I am a Florida attorney and my name is Ellen. I will do whatever I can to answer your questions!

You are absolutely correct. Provided you did not reaffirm the debt in the Chapter 7 bankruptcy, you would not be held liable for the deficiency and your credit report should not reflect the foreclosure

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 11 months ago.

How about HOA judgments/liens on a property my ex wife owned that I was on deed? Our marital separation agreement dictated that I was NOT responsible and would be quit claimed off (it never happened). Would I either be able to have the judgment ammended to not list me, or reopen my BK and have that debt removed as well?

Expert:  FiveStarLaw replied 11 months ago.

The HOA debt would be discharged as well provided it did not arise after you filed your bankruptcy petition. If the debt arose after you filed the bankruptcy petition, you could be held liable if you resided in the property during the time in question
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36518
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 11 months ago.

I never lived in it. Not for even a day. We bought it to fix and sell, she ended up divorcing me (thank God) and moved into that unit. She let it lapse. I was not on Note/Mortgage, just deed. The HOAs started to acrue much longer before I filed for Chapter 7.


What would the easiest solution be?


 


Reopen BK and include debt?


Peition the court to have judgment ammended and use my MSA (dated LONG before she went late) showing I was to be removed from title?


Ignore it?

Expert:  FiveStarLaw replied 11 months ago.
Typically no action would be required on your part. Out of an abundance of caution you can send a copy of the discharge to the attorney representing the HOA
Customer: replied 11 months ago.

What if I wanted it removed from the clerks records so people who look me up (which has happened, wont see three judgments not belonging to me.

Expert:  FiveStarLaw replied 11 months ago.
Unfortunately you cannot remove it from the clerks records. Because your name is XXXXX XXXXX deed, you must be named in the action
Customer: replied 11 months ago.

If I quit claimed myself off then? Or could I not do that since I was named in the judgment and are essentially just stuck with it on there?


 

Expert:  FiveStarLaw replied 11 months ago.
Unfortunately a quitclaim deed doesn't remove what has already occurred.

I would be happy to continue our conversation however I would appreciate it if you would rate my service to you and start a new question for your next question. As a subscriber you can do so without charge
Customer: replied 11 months ago.

That's all the questions for now. :)


 


Thanks a ton.

Expert:  FiveStarLaw replied 11 months ago.
You are welcome Clyde. Please let me know if I can assist you in the future

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