I discharged a bankruptcy in 2008 which included my home, the bank did not assume possession for 3 years! Now the HOA is suing me for unpaid dues, and I have not lived there for over 4 years! What is a reasonable time for a bank to assume responsibility after discharge?Can I sue the bank? What is my recourse here? This is insane!
Country relating to Question: United States
State (if USA): California
I just found out about the POA filing against me today
Hi JACustomer,What happened to you is something that is very common. Mortgage companies and banks are under absolutely no obligation to foreclose property for which the mortgage is in default - whether or not the mortgage was included in a Bankruptcy - and unfortunately, there is therefore no recourse for the home owner who finds himself still responsible for HOA dues after the Bankruptcy is filed. I think this is what you wanted to know. If not, please let me know.Thank you.
Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
so there is nothing that can be done?
Nothing can be done because the bank does not have to foreclose the home. The bank is under no obligation to ever foreclose a home - even if the home is surrendered in a Bankruptcy.
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