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I was awarded bankruptcy in September 2011. The bank has still not foreclosed and the condominium association is suing me for fees. I want the deed out of my name. The bank changed the locks on the condominium in July 2011 but for some reason will not accept the deed in lieu of foreclosure or actually foreclose. I am unemployed and cannot pay condominium fees.
4 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Negotiate with the collections department of the bank to accept the deed in lieu.
Answered on Oct 24th, 2012 at 3:18 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Unfortunately, there is nothing that you can do to make the lender complete a foreclosure. Depending on the law of the state where you live you may be on the hook for the HOA debt. I wish I had better news.
Answered on Oct 24th, 2012 at 3:18 PM
David John Tybor
Unfortunately, in Florida, the condominium association is entitled to monthly fees AFTER your bankruptcy filing UNTIL the property is no longer in your name. Under Florida property law, a deed has to be accepted. You cannot simply deed the property to the bank. They have to accept it. Under the present housing situation, with the banks owning so many foreclosed properties, many of them do not want to be responsible for condominium fees so they delay the foreclosure, they do not "accept" the deed, and you are liable. One thing you can do is try to short sale the property so that a 3rd party purchases the property and pays the condo association the monthly fees.
Answered on Oct 24th, 2012 at 3:18 PM
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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You can't force the bank to foreclose. However, you could possibly negotiate with the condo association and either transfer title back to them or ask them to foreclose the lien against the property instead of pursuing you.
Answered on Oct 24th, 2012 at 3:18 PM