Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
I am being sued by a tenant that never left the building.
I filed bankruptcy in 2007, discharged in 2008. It included the building
He is suing for repairs made while living in property.My name is XXXXX XXXXX deed. Bank has not foreclosed
after 6 years.
No one. I am right now trying to regain possession
of apt. for shortsale.
Thank you for your quick responses. Eventhough your personal obligation on the Note was released when you obtained Discharge Order in 2008, unfortunately that did not release you of your obligation to your Tenants because you are still the legal owner of the property. Eventhough you surrendered the property in bankruptcy, you remain liable to your Tenants until the bank forecloses and takes ownership of the property, regrettably. However, while as here the Tenant has not been paying rent, the Tenant has “unclean hands” you can countersue the Tenant for all rents due on the property. The Tenant has “unclean hands." Here, he is not paying rent for years, but is suing you for repairs. So, the Court might apply the unclean hands doctrine here. That is, where both parties to a dispute are at fault, the Court may decline to adjudicate the dispute between the parties and may leave the parties where they are, to fend for themselves.
even with no lease ?