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Category: Bankruptcy Law
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I did a bankruptcy almost five years ago. In it, I gave up

Customer Question

I did a bankruptcy almost five years ago. In it, I gave up my house. I have found out I am still having title for it, the house is still under my name, no one has been living there for three years. I called the bank asking them to foreclose on it or do a in deed of liue to get the house out of my name, they won't. My attorney said normally after bankruptcy the bank takes the house within 6 months. He kind of just left me alone in this.
What can I do now, how do I go getting the bank to back property? It is vacant, no payments have been made on it for years. The HOA fees are adding up, now up to $21,000, I dont' have the money for this! The former bankruptcy attorney said when the bank takes the house back it will take care of HOA fees. But the bank wont take house back when I did call them they said its not worth for them to go after, even the lady at the bank didnt tell me what I can do.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  jbwarren1969 replied 4 years ago.
Hello. Thank you for posting your question and for allowing me to be of service to you.

I am very sorry you are dealing with this situation. Unfortunately this is a common problem today with the real estate market being down and banks not rushing to foreclose. Five years is unreal and ridiculous. This really is a part of my job I don't enjoy which is delivering bad news and I ask you not to shoot the messenger.

There is nothing that can currently be done to compel the bank to take title to the property to cut off your liability.

One thing others are doing in this situation is renting the property out to offset fees to the HOA. If the property is rented and the tenant is explained the situation upfront then it would be a self help way to stop the bleeding and begin to dwindle down the HOA dues. You could apply the entire monthly rent to the past dues and maybe cut a deal with the HOA.

Another means would be to convince the HOA to initiate a foreclosure for unpaid HOA dues which could compel the bank to take action. However, if I were in your shoes I'd call the bank often and actually get to a person in the bank that can make a decision and assist you with this.

If you filed chapter 7, then you can file again after the 7 years from your previous filing and include the HOA dues. I know this is not practical and not a favorable solution but it is a possibility.

While not a solution, consider writing to your state representative describing your situation in hope that the state legislature will pass a law to eliminate this problem for others in the future.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

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Thank you for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.