Do we need to also file a separate quit claim deed on our HOA fees? 9 Answers as of June 02, 2011

My wife and I are currently filling a chapter 13 with an attorney in another state, where we live. The bankruptcy includes a condo in Las Vegas. Our attorney advised us to file a quit claim deed to the mortgage company. Do we need to also file a separate quit claim deed on our HOA fees?

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Benson Law Firm
Benson Law Firm | David Benson
First of all, you should ask your lawyer to make certain the lender either will accept your quitclaim deed or is otherwise required by state law to do so. If so, no separate deed would be required with regard to your obligation for homeowners association fees. However, what to do about post-petition HOA fees if title to the property stays in your name is a thorny one.
Answer Applies to: Ohio
Replied: 6/2/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
The law that pertains is in the state where the property is located. You need to seek advice of a Nevada attorney familiar with real estate law. Attorneys in one states are not allowed to give advice about the law in other states unless they are admitted to practice in that state as well.
Answer Applies to: California
Replied: 6/2/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
No, there's no such thing. The HOA fees travel with the deed to the property, except that anything you incur prior to transfer is your personal responsibility as well.
Answer Applies to: Indiana
Replied: 6/2/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
There is no such thing as signing a quitclaim for HOA fees. Discuss those with your lawyer. Note that in a Chapter 13 you cannot deed the house without a court order. Do you have one?
Answer Applies to: Georgia
Replied: 6/1/2011
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
Quitclaims are not creditor-specific. If you quitclaim the property to the mortgage holder, the HOA should look to the mortgage holder for post-petition dues. By the way, my feedback assumes that you will be surrendering the Las Vegas condo.
Answer Applies to: California
Replied: 6/1/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    A deed which is not accepted by the bank is not a valid conveyance, even if you unilaterally file it with the County Recorder. If they will accept the Deed that is fine, but you must have their consent to Deed the property back.
    Answer Applies to: California
    Replied: 6/1/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    No, a separate deed for the HOA should not be necessary, they do not have an ownership interest, just a lien interest.
    Answer Applies to: New Hampshire
    Replied: 6/1/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    You are already represented and should address your question to your attorney.
    Answer Applies to: Oregon
    Replied: 6/1/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I'm not so sure about this. Why would you sent the lender a quit claim deed? They generally do not accept these. I am suspect of this tactic.
    Answer Applies to: California
    Replied: 6/1/2011
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