Hoa after bankrupcy and forclosure

Hi, My husband condo ( With an HOA of $495/month )has been under foreclosure since 2009, then in 2011 he filed for bankrupcy returning everything. But everytime we call the mortgage association , they always reply that they do not have a foreclosure sale date.We tried to call them so we could return the keys, they kept saying that we should contact a lawyer and even though we return the key, it will take a lot time before they foreclose the house. So we rented the place for a fee of 600$ ( on May 2012) awaiting for a foreclosure date , so we could afford the HOA and pay some back HOA fees, due to a disagrement betwenn us and the lawyer we stopped paying the HOA and we kept the renters fees until 3 months ago when they stopped paying stating that the HOA told them to make payments trough them directly.We sent the renters an eviction notice but the HOA lawyers say they are going to team up with the renters and as soon as the lawyers get a garnishment of property other than wages against my hushband they will start collecting the money form my renters.My questions:Can I file an eviction notice at the court against my renters for non payment( The HAO lawyers say if we do that they will file a joint lawsuit against us)?What can I do to have the mortgage company forclose this condo as soon as possible?Finally what are my right?Thanks.


Asked over 6 years ago in Maryland
Categories: Real Estate  Debt & Bankruptcy  Landlord-Tenant

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Mark Louis Rosenberg

Answer by Mark Louis Rosenberg

VerifiedMaryland lawyer

I think you should discuss this with counsel. Why weren't the HOA fees part of the bankruptcy?  If so, why are they trying to collect those fees now?  If I can assist in this, please call me at 301-913-0077 or email me at Mark@MdBusinessLawyer.net. I offer a free 30 minute consultation, and am glad to discuss this with you.

Posted over 6 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Mark Louis Rosenberg, or search the Lawyer Directory.

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