I own a condominium and recently filed a chapter 7 Bankruptcy pro se in October, 2013. I told the court I do not want the condo anymore since I'm struggling and cannot pay the mortgage or condo fees and am behind. The trustee of the condo association has filed a motion for relief from stay telling the court that I have not been paying post petition condo fees and they would like to come after me. Can they come after me personally after giving up the condo if I continue to live there? The bank has paid past condo fees placed as a lien against the condo. Please help me.
As long as the condo title is in your name, you are responsible for paying the HOA dues that accrue after the filing, whether you live in the property & use their facilities or not. Filing bankruptcy draws a line in the sand - you can discharge debts made before filing but not afterwards. The fact you no longer want the condo is also immaterial - you can't force the mortgage company to take the title back and you can't force them to foreclose any faster. Hope this perspective helps!
Massachusetts has a "Super Lien" statute for condos that allows condo associationd to put a lien on the property for HOA fess that jumps ahead of your mortgage. That is why banks often pay the condo fees, to protect their interest in the mortgage. However, there is no way you can force the bank cover your fees if the condo association wishes to go after you personally.
In fact fighting the motion for relief from stay could make you worse off because the condo association will bill for its additional attorneys' fees and those attorney's fee are also subject to the super lien.
For anyone living in a condo, I strongly advise the debtors of the availability of filing chapter 13, not a chapter 7. There are many, many advantages of doing so. Ask your attorney if you qualify to convert to a chapter 13. If your attorney did not go over the advantages of a chapter 13 with you, then you should get a second opinion pronto.
Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.
Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.