Dennis Andrew Chen’s Answers

I agree with Ms Stage. I add that although the landlord has an enforceable lease with you and may cancel the foreclosure sale by filing bankruptcy, negotiating a modification or some thing else, I believe you have a valid basis for terminating the lease and moving out.

Preventing you from using the common areas or calling the police to claim you are trespassing are actions that may be considered an attempt to collect a debt in violation of the bankruptcy stay. Talk to your bankruptcy attorney about it. If you do not have an attorney, consult and attorney to see if someone will take you case. If you cannot afford an attorney you may consider filing a motion with the court explaining that the HOA is trying to collect from your during the bankruptcy.

You are correct. Your sister is not entitled to the money. It may have been her insurance policy and her house but it was your ring that was lost. The money should go to you if the policy covers your loss while in the house. If you have any of the insurance information you can contact the insurer about your claim. You may not be the policy holder but you can make a claim against the policy and payment should be made directly to you. The claim may be based on your sister's negligence in...

The short answer is that the condo association can foreclose on the property and have it sold. You must make arrangements to pay the outstanding amount. It is in your best interests to find an attorney to help you as soon as possible.

Review the HOA documents and I believe you will find that the HOA/condo dues are based on unit ownership, not based on use or total occupancy within the unit. When you purchased the unit you agreed to the HOA terms. What you describe is not discrimination. If you feel that the HOA/condo baord is taking action contrary to the documents, you should contact an HOA attorney for a consultation. HOA documents vary significantly between different properties so my comments above are broad based...

This is the type of legal matter where you need to see an attorney. Have the attorney review your lease and discuss your options.

You need to see an experienced tenant's attorney. You do not have much time. Even with a knowledgeable attorney, the judge may stick to their decision and evict you. You can fax or email a complete set of documents to me for a free review. Fax 1-866-571-3421 or dennis @ chenlaw. net

You can notify them in writing. If they take no action to correct the problem they may be prevented from foreclosing, and if you sell the property without paying off the second mortgage they may have no recourse against the property but anyone that signed the note will remain personally liable for the loan amount.

If your lease is for more than one year the landlord's signature must be witnessed by two witnesses. Failure to include witnesses may result in your lease being a month-to-month tenancy that may be terminated on 15 days notice.

If you did not have an attorney at the trial you should contact a local landlord-tenant attorney asap. There is the possibility that the Writ of Possession can be stayed and a re-hearing scheduled if your defense has merit.