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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2659
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Background I am a co-owner of an investment condo that is

Customer Question

Background: I am a co-owner of an investment condo that is in foreclosure. I am over 55, the only asests are 5 yr old car. The co-owner is under 35 yrs. old, owns a principal residence, has some retirement and savings.
We have made no mtg. payments since 10/09. The princial amt of the mtg is $178,000, the approximate market value is $180,000. The foreclosure is through Freddy Mac. March 2010, upon notice of sale of a foreclosue sale, we wrote a ltter to the trustee with a full disclosure that: There was pending litigation beween the assn and us. That our suits were to defend against a notice to foreclose on an improper special assessment and a lien in the amt of $14,500 and another lien in the amt of $950 for an improper special assessment for us to pay legal fees, in advance of a trial on the claims and ounterclaims; The second suit we filed in the amt of $400,000 was for extensive damages to the unit, (mold & rot and rodent infestation, electrical wiring hazard) to the garage damage, extensive mold, rot, collapsed ceiling, raw sewage, leaking HVAC lines; and removal of 800 sq. ft. roof patio, a limited common element.
In June 2010, we non-suited our claims. However, still pending are the counterclaims. with a cause of action of "unjust enrichment" rather than to enforce the liens by provisions of the condo docs and VA Condo Act, as the liens were improperly filed and the purposes and dates were misrepresented when they were filed. The assn. filed three counterclaims for the same same amts, and same liens.
Following our non-suiting our calims, the judge ordered we were barred "for abusing the process" by filing suit against the assn, whose board members the work hard without pay ". Never the less, we have no idea as to what amt the pre-determined judgement wil ultimately be, as lawyers for assn. altered amts. to over $40,000, after we were barred from defending against their counterclaims.
Questions: In filing bankruptcy, will this judgement be discharagable if it becomes a personal judgement aganist us? If assn. decides the judgement will be taken as enforcement of the liens, will they be permitted to foreclose on the condo, "before" Freddy Mac completes their process to foreclose? Is is plausible that Freddy Mac would consider a deed in lieu of foreclosure, in light of the extensive property damage and missing patio component of the property? Is is plausible Freddy Mac would sue us, after the bankruptcy, for the damages to the condo?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue.
Customer: replied 6 years ago.
Yes.
Expert:  Ellen replied 6 years ago.
Hello,
I will open your question to the other experts
Customer: replied 6 years ago.

As an aside, we have been representing ourselves pro se since the non-suit.

Have filed numerous motions, most important one was Motion To Re-consider the Order baring our right to produce any evidence and barring our right to testify on our on behalf.We included refernces to VA Sup. Ct. Rules that do not permit the Order (Chapter Four) US and VA Supt Ct case law and applicable sections of VA and US Constitutions on due process rights. Had a hearing on re-consider which was denied and an additional penalty added of no right of an appeal.

Since the condo is in foreclosure there was no erason to proceed with a suit for monetary damages for repairs, replace,ents and los of rental income for the last 5 years. Plus, funds dramarically depeted in this process taking over 2 1/2 years.

While, the above explaination makes an appeal appear not to make sense, we would very much like to rectify this Order and restore our due process rights in these matters. While I don't know how or why, filing an appeal in state court to reinstate our rights as a matter of law, it may ave some impact later with the foreclosure and bankruptcy. Any comments?

Customer: replied 6 years ago.

Dear Experts, this is a follow up to the bankrupcy related question I posed yesterday, to which there has not yet been a reply. Thank you for your feedback.

 

Questions:

1. In filing bankruptcy, will this judgement be discharagable if it becomes a personal judgement aganist us?

2. If assn. decides the judgement will be taken as enforcement of the liens, will they be permitted to foreclose on the condo, "before" Freddy Mac completes their process to foreclose?

3. Is is plausible that Freddy Mac would consider a deed in lieu of foreclosure, in light of the extensive property damage and missing patio component of the property?

4. Is it plausible Freddy Mac would sue us, after the bankruptcy, for the damages to the condo?