My home has been in and out of foreclosure for 4 yrs, Due to loss of job and paying attorneys to help me save my home with securitization audits and signed documents that have different signatures I finally got the mortgage company to modify my condo for a good price, this was 4 months ago and now the H.O.A is trying to foreclose, they never tried to work any options out with me before hand, I tried but it was more than I could pay. I am now going to file a Chapter 13.
Your chapter 13 will stop the foreclosure. That is what you need to do, there are no games to play with HOA claims. You just need to file the chapter 13 before the court enters a judgment.
As stated by counsel, the filing will stay the state court action. I have no idea what the drop dead deadline is for you to file the bankruptcy so that you have not lost any rights vis-à-vis the residence.chapter 13 is very complicated for a layperson. I strongly suggest that you seek employment competent bankruptcy counsel.
Your filing of bankruptcy would suspend any action on the lawsuit pending the result of your bankruptcy case. So, you do not need to to file any answer to the Summons and the Complaint. However, once you file for bankruptcy protection, you need to give notice of your bankruptcy filing to the Court so that the lawsuit, the HOA’s Complaint to foreclose would be suspended. You should also immediately send a Notice of Bankruptcy Case Filing to the Attorney representing the HOA—this notice can be faxed or e-mailed to the Attorney.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
As my colleagues have said, the actual filing of a chapter 13 case will stop the foreclosure assuming proper notice is given to the HOA and their attorneys. Then you are left with figuring out how the HOA must be treated in your plan and getting back on track by beginning to make all your new HOA assessments as they come due.
Chapter 13 cases can be quite complex and you would be well-advised to retain experienced counsel to work with.
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