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Divorced couple received HOA foreclosure summons.

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?

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Attorney answers 4



Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


Both should.

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


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

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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.