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3 years ago I filed bankruptcy including 1st and 2nd mortgage. Continued paying 1st as "rent". Abandoned home in October 2012.

Gilbert, AZ |

Lost job in May 2012 so couldn't continue paying . Mortgage company started foreclosure in November - January . Supposed to auction last week in January 2013 . I don't know how to find out if it sold , or what taxes , HOA or anything else I'm responsible for paying . Or have I a debt free path forward ? BTW this was in Durango , CO and I have moved to Arizona for fresh start .

Attorney Answers 4


All your prepetition debts, including the 1st and 2nd loans on the house, are NOT your problem, as long as you received a discharge in your 2009 bankruptcy.

Property taxes and HOA fees usually follow the house, so it is unlikely either will (or can) come after you.

If you paid all the utilities up to your departure (and please tell me that you shut them all off before you left so your bill is not skyrocketing right now), you should have no lingering debts from the house.

Of course, if you signed any contract or lease post-petition with the lender, this may all change based on what is in that contract.

Good luck.

If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.

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It is best for you to contact your bankruptcy attorney to determine the answers to your questions. If you did not have an attorney then you will have to do your own investigation. You need to contact whomever did the foreclosure in order to determine if the sale was completed. As to real property taxes and HOA - that is determined by state law and/or contract. Perhaps a CO attorney will answer those questions.

Welcome to Arizona.

This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

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If you had a bankruptcy attorney, I would highly suggest asking them this question.

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You wrote, "Mortgage company started foreclosure in November - January . Supposed to auction last week in January 2013 . I don't know how to find out if it sold..."

A: Assessor records are often available online.

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