HOA collections after a bankruptcy.

"Having to pay" is different from being legally responsible for payment. Do you "have to pay"? No. Should you pay? That depends upon all your...

Can i avoid getting my wages garnished from an outstanding u.s department of education loan?

Unfortunately, there is little room for you to shield your income. The 15% figure is a blessing compared to the law prior to the current...

I am in the process of converting my Chapter 13 case to Chapter 7. My car was included in my Chapter 13 case, what are my option

As a practical matter, the repo is not going to do more damage. You are in bankruptcy right now as we speak. Credit does not improve during a...

You will have to declare the pending law suit, and even if the suit has not been filed yet, you still will have to declare your claim. The right...

With no note in hand can a mortage company refer your account to a collection company and if will bankruptcy discharge it?

Yes, the holder of a negotiable instrument can still enforce it, and thus the matter can be referred to a collection agency. A bankruptcy will...

Can a homeowner association collect past dues from the purchaser of a forclosed home after the forclosure has taken place.

In Florida, the HOA could. I am not licensed to practice law in SC so I can not comment on the status of SC law. These types of issues are very...

Can a 2nd mortgage foreclose when the 1st mortgage is current?

To answer the first question: yes, the 2nd can foreclose on the property, regardless of the status of the 1st mortgage. Will they? That...

Can the plaintiff say they have the note and then say they don't , do they need a affidavit from the bank stating that??

The allegations of the complaint that you describe are contradictory and render the Complaint a sham pleading, which IS a ground for...

I need to repond to the summons from the court regraurdng foreclosure. I have 28 days to respond.

You really should consult with a local attorney to determine your rights. You may inadvertently put something in the response that you shouldn't,...

My daughters house was sold at auction the same morning she filed chapter13 but not before the house was sold

I agree with my colleague's response. Either the bankruptcy was filed before the sale was conducted, in which event the sale is void, even if...