Q: In Maryland, I filed for bankruptcy in June, 2009 including real property.
The mortgage company requested and was granted a lift of the stay. I was advised to move out of the property due to the property being foreclosed on. In the process of moving out, the mortgage company changed the locks. To this day, I have never received notice of foreclosure. In 2010 I had to pay the HOA fees. I just received bills for HOA and the tax assessment. I sent a letter advising the mortgage company of what had transpired and was advised by bankruptcy attorney to tell them to foreclose on the property. To date there has been no foreclosure. Please advise, am I still responsible for HOA, etc.
A:
Yes, you are. There are many reasons why the mortgage company did not start the foreclosure process after receiving bankruptcy court permission. There may be title problems, or they may not think it is a good business decision, in the current market. Ironically, you can't force them to foreclose.
You might have your lawyer offer a deed in lieu of foreclosure, though.
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