Divorced couple received HOA foreclosure summons.

Asked over 1 year ago - Patchogue, NY

A divorce couple both have title to home, one spouse filed bankruptcy and is off the mortgage and HOA obligation. Received a foreclosure summons. Do both have file an answer?

Attorney answers (4)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Paul Karl Siepmann

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Both should Answer. Keep in mind that Bankruptcy will only discharge the existing debt, not future HOA fees which that accrue after the discharge.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  3. Lawrence Allen Weinreich

    Contributor Level 17

    2

    Lawyers agree

    Answered . Both should.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  4. Maria C. Tebano

    Contributor Level 15

    2

    Lawyers agree

    Answered . If one spouse filed bankruptcy and discharged their obligation then they would not be served with the summons. If for some reason they did, then they should answer.

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