Divorced couple received HOA foreclosure summons.

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?

Patchogue, NY -

Attorney Answers (4)

David Alexander Browde

David Alexander Browde

Divorce / Separation Lawyer - Chappaqua, NY
Answered

Yes.

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

Paul Karl Siepmann

Family Law Attorney - Patchogue, NY
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
Lawrence Allen Weinreich

Lawrence Allen Weinreich

Divorce / Separation Lawyer - Westbury, NY
Answered

Both should.

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

Maria C. Tebano

Divorce / Separation Lawyer - Newtonville, NY
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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