Q: Can you revert a final judgment ?
I had a condo which I couldnt afford anymore so I let go and stopped paying the bank and association fee in March of last year. I filed for chapter 7 bankruptcy to avoid the banks and other creditor from going after me and to avoid a judgment from the bank. I did not include the condominium association since I was upto date with my payments when I filed for the bankruptcy. A few weeks later I moved out and forgot about the condo although to date it is still to my name. I was checking my public records for another matter and founf out that the association filed a final judgment against me. I read the documents and it seams like they are trying to collect the past due fees for this last year which I have not paid. Is there anything I can do to change a final judgment ? How will this affect me and what action should I take to correct this matter ? I now own a house (although with mortgage) and I'm afraid of the consequences.
A: Although you were in Bankrupcy, the Foreclosure can still proceed once a Motion for Relief from Stay is granted. Usually once the Final Judgment is entered in the Foreclosure it is done "in rem" which means against the thing (i.e. the house), not "in personam" against the persom (i.e. you). So, although you are listed in the caption portion of the Foreclosure judgment, it is likely only against the house.
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