Q: Can I be sued again in a foreclosure for a condo after I surrendered in CH7 and moved out n in 2009, foreclosed in 2012?
I filed Ch 7 in 2009 and my condo was included and “surrendered” with the bankruptcy and I moved out before I filed. The condo association took possession and began renting it out. In 2012, the foreclosure judgement was final, the condo was officially sold to the condo association and title transferred to them. Because my condo was included in the bankruptcy, my mortgage debt was discharged. At some point, Bank #1 sold the mortgage to Bank #2. Now, 7 years later, Bank #2 is suing the condo association AND ME for the unpaid mortgage balance and to foreclose AGAIN. How is that possible? I understand suing the condo association because they have been collecting rent for the past 10 years. Bank #2 has acknowledged I’m not responsible for the mortgage balance but they’re leaving me on the lawsuit. I don’t want a foreclosure showing up on my credit report after I finally got my credit score back to normal. I don’t believe I should be on the lawsuit.
A: It's difficult to know why you are being sued without reviewing the complaint, but it does appear that you shouldn't have been named in the suit. Contact the bank's attorneys and ask that it be dismissed as to you.
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