Posted on: 13th Aug, 2010 11:38 am
I purchased a home jointly with my boyfriend and we broke up. I filed for bankruptcy and my lawyer told me that by including the home I wouldn't be liable if my ex boyfriend didn't pay the mortgage, etc. I had no problems and my ex continued to pay the mortgage for the past 7 years without incident. He passed away suddently a year ago and that is when I was informed by his family that the house was being foreclosed on & that my name was still on the house too. I haven't received any kind of notification from the bank but when I spoke to the law firm handling the foreclosure they said they didn't even know how to proceed since the one was deceased & I had filed for bankruptcy. I spoke with my own lawyer who said the foreclosure may or may not show up on my credit report & to just keep an eye on my credit report. My question is how long do they have to work on the foreclosure? It's been over a year now & I have yet to receive anything official about a foreclosure. In the meantime the condo association is sueing me for unpaid monthly association dues. How long can this continue to go on and hang over my head before the bank/lawyers have to do something with that house. It is sitting there empty and the association also requires heat, water & electricity & have been trying to get me to pay utility bills for the house that aren't even in my name. Any help would be appreciated. Thanks!
Hi durben,
As you filed bankruptcy and included the property and the mortgage in it and got it discharged, you're not personally liable for paying the mortgage any more. If the lender forecloses the property, he won't be able to come after you for the deficient balance resulting from the sale. However, as your name is still mentioned on the property deed, the condo association will consider you as the owner of the property and charge you for the utility bills. Once the lender sells off the property, you won't be liable for any dues.
It'll depend upon the lender as to when he would foreclose the property. You can contact him and request him to sell it off asap so that you don't remain liable for the dues any further.
Thanks
As you filed bankruptcy and included the property and the mortgage in it and got it discharged, you're not personally liable for paying the mortgage any more. If the lender forecloses the property, he won't be able to come after you for the deficient balance resulting from the sale. However, as your name is still mentioned on the property deed, the condo association will consider you as the owner of the property and charge you for the utility bills. Once the lender sells off the property, you won't be liable for any dues.
It'll depend upon the lender as to when he would foreclose the property. You can contact him and request him to sell it off asap so that you don't remain liable for the dues any further.
Thanks