Login|Contact Us
Question and Answer

Real Estate Law

Ask a Real Estate Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I discharged a bankruptcy in 2008 which included my home, the

 
cfortunato's Avatar
  • Answered by:cfortunato
  • Lawyer
  • Positive Feedback: 99.4 %
  • Accepted Answers: 1657
Verified Expert
in Real Estate Law

Recent Feedback

Positive
She immediatel knew the scope of the issue and responded to address my problem.
Positive
Great information
Positive
Good
Positive
Expert was very patient. Highly recommended.
Positive
Thanks for the quick answer!
Positive
Thank you for all your help :)
Positive
Thank You fortunato for all your help.Thank You for your patiance too! I did ask...
Positive
Chris is terrific
Positive
User error! Thanks!
Positive
Chris was very helpful and put my mind at ease. I made a few phone call and no...

Customer Question

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!

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
I just found out about the POA filing against me today

Submitted: 338 days and 13 hours ago.
Category: Real Estate Law
Value: $28
Status: CLOSED

Accepted Answer

Picture
Expert:  cfortunato replied 338 days and 13 hours ago.

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 TypeLawyer
Category: Real Estate Law
Pos. Feedback: 99.4 %
Accepts: 1657
Answered: 5/18/2012

Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.

Ask this Expert a Question >
Customer replied 338 days and 13 hours ago.

so there is nothing that can be done?

Picture
Expert:  cfortunato replied 338 days and 13 hours ago.

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.

 
Tweet

6 Real Estate Lawyers are Online Right Now

Ask Your Question Now
Ask A Real Estate Lawyer
Type Your Real Estate Law Question Here...
characters left:

Top Real Estate Law Experts

See More Real Estate Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Real Estate Law

  • Questions about FHA Rules
  • Questions on Land Contract Laws
  • Questions on Lease Purchase Agreement Laws
  • Questions on Freehold Laws
  • Questions on Breaking a Lease
  • Questions on Exclusive Right to Sell Laws
  • Questions on Tenant Improvement Laws
  • Questions on Land Rights Laws
  • Questions on Buying Rental Property Laws
  • Questions on Division of Property Laws
All Real Estate Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Real Estate Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
186 Real Estate Lawyers are Online Now
Type Your Real Estate Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan