Evans, GA asked in Bankruptcy, Foreclosure and Real Estate Law for Colorado

Q: Filed for bankruptcy in 2011. Abandoned and discharged my house. HOA had dues added to house after it was discharged.

According to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was "debted" in 2012. (likely when it was foreclosed the first time.) Since the house was foreclosed twice and then sold, am I still responsible after 6 years? Also note the house bill in 2016 says the HOA has to afford me a 6 month payment plan before sending to collections. There has been no contact since 2011 when the bankruptcy was discharged.

2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: The debt is discharged and you do not owe it.

Timothy Canty
Timothy Canty
Answered
  • Bankruptcy Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: I respectfully disagree. You are liable for post petition fees as long as title is in your name. It sounds like the first foreclosure never went to sale, so you still held legal title until the second sale was completed.

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