Should I still pay for HOA after the the discharge of chapter 7? 6 Answers as of November 15, 2013

Filed for a Chapter 7 February 28, 2013 and discharged July 11, 2013 which included 1st and 2nd mortgage. 1st mortgage granted relief from stay in middle of bankruptcy, but no court records show foreclosure. If they did this, who is now responsible for HOA dues if they acknowledged I'm relinquishing the home? Must I wait for judicial foreclosure? It also appears they sold the loan in June. I'm still paying the HOA dues because title is still in my name - but it appears this could take years. I wondered if I could rent the home to help afford the fees, but another friend stated I gave up ownership in the Chapter 7

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Scott Goldstein | Scott Goldstein
Your question has a few issues: 1) Unless your friend is a bankruptcy lawyer, he has no idea what he is talking about and frankly, his statement is absolutely wrong. 2) You are on the hook for HOA dues accruing post petition until the house is sold at foreclosure sale 3) You could, in theory rent the home out, but the tenant should be made aware of the mortgage issues. Good luck.
Answer Applies to: New Jersey
Replied: 11/15/2013
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
As long as you are on the title you are responsible for the continuing hoa dues. The bankruptcy by itself does not transfer the title unless the trustee administered and sold the property. So you would still be on the hook for association fees even if you move out until the bank forecloses or there is a short sale. Renting to a third party might be a temporary solution.
Answer Applies to: Florida
Replied: 11/14/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You did not give up ownership. You are no longer liable for the prior debt but with HOA fees you are liable for all fees that accrue after the filing date. As far as renting it, it is up to the HOA and if they allow you to rent.
Answer Applies to: New York
Replied: 11/14/2013
Danville Law Group | Scott Jordan
As long as title to the property is in your name, you are responsible for the HOA fees.
Answer Applies to: California
Replied: 11/14/2013
Law Offices of Linda Rose Fessler | Linda Fessler
If title is still in your name, technically you are still responsible. I would see if you can get someone to change the title. If the house has truly been sold, you should not be responsible.
Answer Applies to: California
Replied: 11/13/2013
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