Two unit condo. bank is selling one unit after 4 years. other unit owner does not want to sign 6D clearance

Asked over 2 years ago - Reading, MA

It is 2 units condo. Both units with same bank in foreclosure. one unit owner bought condo from same bank 2 years ago. Now bank is selling other unit after 2 years. Other unit owner does not want to sign 6D. Bank do not owe him any money. Can it be sold/purchased and can i receive clear deed. no past payments to other unit's owner

Attorney answers (3)

  1. Erik Hammarlund

    Contributor Level 18

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . A 6D doesn't address payments to individuals, it addresses payments to a condo association. A 6D establishes limits on back dues and assessments and it would be very unwise to transact without one.

    It sounds like you're the purchaser. Trust me when I say this: Get an attorney to help you, and have the attorney review the situation. Attempting to buy a post foreclosure condo without help, is a bad idea.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  2. Herbert Weinberg

    Pro

    Contributor Level 12

    Answered . Your statement that nothing has been paid in the past to the other owner troubles me as you can not do this on your own. Either there is an obligation or not as described in the condo documents . Past practice is no guide- if the other owner paid bills because he did not want to spend the time needed to deal with a large inefficent bank does not mean you get a free ride. I think you need an attorney

  3. Christopher DiBella

    Contributor Level 1

    Answered . A 6d certificate is necessary to show what the status of the outstanding condo fees are against a particular unit. As a buyer moving forward without obtaining a "clean" 6d certificate you are potentially opening yourself up to unnecessary liability. You should consult a lawyer before moving forward.

Related Topics

Condominiums

When you buy a condo, you own your individual unit, and all unit owners share joint ownership of the common areas, which are controlled by management.

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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