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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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my home in florida is in foreclosure. i have been working with

Resolved Question:

my home in florida is in foreclosure. i have been working with the bank to modify the loan. in the meantime my homeowners association is taking me to court to foreclose on the property which they can do in that state.once the house thing was decided i planned to file bankrupcy because of medical bills,crdit cards and all these house fees.
the homeowners association is unwilling to wait to see if i can qualify for the latest making home affordable plan. they ssaid on the court date they will set a date of sale.
if i file bankrupcy after this all i able to include this association fee,etc in my bankrupcy...once it is already a lien or judgement????
the hearing is set for the 10th of april so i really need to know what to do NOW
thank you
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Once you file BK, the HOA cannot continue with any sale date. Likewise, when you file, you will list the HOA and will be able to discharge their debt up to the date that you file. but if you remain in the property after the date you file BK, you will owe any HOA dues from that date on. Further, on April 10th, the HOA will attempt to get a judgement against you. but if your file BK before they record a lien, the entire judgment is wiped out. So it is a race between you and the HOA. Accoridngly, file your BK imeediately thereafter.

Customer: replied 5 years ago.

thank you

this is where im confused....

if i let them file the lien on the 10th. them move out the date they say...

could i then file bankrupcy after that to insure i can include ALL the association and home bills? would i be able to remove the judgement after i file? i realize i couldnt get the home back but i want to make sure all bills are cleared and wouldnt want a pending lien on my record.


because if i file first..then my understanding is that i would still keep getting bills untill the home is entirely out of my name? which i dont know how long that would take.

Expert:  dylatess replied 5 years ago.
They will not obtain a lien on the 10th, only a judgment. And once you move out and fiel BK, are not liable to the HOA for anything. Likewise, if you are surrendering the home, even if they put a lien on the home, that is a lien on real property which becomes the responsiblity of whomever forecloses and buys the property. But it is no longer your liability. As for bills, you may still get them, but once you file, you are not liable for them and the whole process takes about four months but you could still receive bills for months thereafter though you do not owe on them if they were listed in the BK. Again, if you file, you wil not owe on the lien even if it is recorded before your file BK.

Customer: replied 5 years ago.
Thank you. Do you practice in the Tampa area? Maybe I could hire you.
Expert:  dylatess replied 5 years ago.
Sorry I do not. And the site does not prevent direct contact. BTW, I was in Tampa two weeks ago/Ybor City, Clearwater, Sarasota, and loved the coast.

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