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After Chap 7, go ahead w/DIL or do short sale if possible?

Posted on: 23rd Sep, 2009 08:02 am
i filed chapter 7 bk pro se and received my discharge. when i filed, i stated that i intended to surrender my condo (dil). i've contacted my mortgage company (bofa) and they gave me the run-around, sending me from "bankruptcy" to "foreclosure" to loss mitigation" to an outside attorney who hasn't called me back. i got word from my realtor yesterday: two people are interested in doing a short sale (i've been upside down on the mortgage since the market took a dive last year). so, i guess my question is, do i go ahead with the short sale or the dil since that is what i filed with the bk court? if i sell, do i have re-open my bk and correct the form that i filled out that stated i intended to surrender? also, can the hoa continue to charge me my monthly fees while all this is going on? please help. thanks.
Hi kittye!

Welcome to forums!

As you've stated that you want to surrender the property, you will have to contact your lender and do so. I don't think law would allow you to sell off the property. You can ask your bankruptcy attorney to have a word with your lender so that you can surrender the property and get rid of it.

Feel free to ask if you've further queries.

Sussane
Posted on: 23rd Sep, 2009 11:15 pm
As I mentioned, I do not have an attorney. I filed pro se, in other words, I did it all myself. Now, BofA is giving me the run-around, and I just my name off the title. I still need to know if I'm responsible for the HOA fees that may be accumulating.

I'm going to give the short sale a try and see what BofA does about it. I'll at least give them a chance to accept an offer. If they don't, I'm going to go ahead with the DIL.

Any help on the HOA question would be helpful.

Thanks!
Posted on: 29th Sep, 2009 12:09 pm
That should read:

"...and I just want my name off the title."
Posted on: 29th Sep, 2009 12:11 pm
Hi kittye,

As far as I can understand your situation, you would be responsible for the HOA fees that have been accumulated. Once your short sale is accepted and the property is sold off at the auction, you won't remain liable for the HOA fees anymore.

Thanks
Posted on: 29th Sep, 2009 09:21 pm
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