The answer is - if you are moving out, the assessment bill dies as it regards you at the time the unit is either sold at foreclosure or simply sold. Another way the assessment is recovered is when the unit is leased by the condominium association. Here's the kicker - when you file bankruptcy, you surrender your interest in the unit, but it isn't actually transferred to someone else, instead, your lender would eventually foreclose on the unit or take it back via a deed in lieu of foreclosure. Not to complicate this answer, but essentially, today because of the desire to clear title of multiple mortgages, it generally takes a foreclosure sale to transfer the property to a new owner. However, if you move out after the bankruptcy, the condominium association still has to evict you to get clearance to lease out the unit to pay association fees. The best thing you can do is to release your interest to the condominium association so that your unit is not empty, the association stays out of default and eventually you are released from the liability of ownership in the sheriff's sale. Bottom line - an occupied unit is always best for everyone. Therefore, if you are staying - pay your assessments until you are told by the lender to leave. If you are leaving, help the association by releasing your interest so they can rent your unit.
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Tuesday, May 31, 2011
I can't sell my condominium because the condominium association is in bad shape. Several units are paying assessments and the association is broke. What should I do?
The answer is - do something! Under the circumstances, the best thing to do is become a member of the board to help keep things moving. At the next board meeting, suggest that the board retain/hire a law firm that specializes in eviction. Then as your condominium budget allows, hire the firm to evict the longest non-payers of assessments. The law allows the association to rent the unit for up to 13 months on a single lease to recover assessments. If the past due assessments are recovered prior to the end of the 13 month lease, the surplus is paid to the owner of the condominium unit and is allowed to move back-in. If the assessments are not paid up, then another 13 month lease can ensure. Pretty soon, your building will be full of paying renters, your association budget will be repaired and hopefully you can sell your unit and not at a loss!
Sunday, May 22, 2011
How Long Can I stay in My home after I stop Paying the mortgage
494 days
According an article in the Chicago Tribune, May 22, 2011. This figure was pulled from RealtyTrac who tracks foreclosures from the filing to the sheriff's sale. Bottom line - you can stay in your house at least a year.
The problem - what if a deficiency judgment is entered against you. Then you've gotten rid of your house, but still need a bankruptcy to get rid of the deficiency judgment.
Falling home prices have caused many people to choose to default on their home. It is good idea to see a qualified bankruptcy attorney to see if you are "judgment proof" or will the target of a deficiency judgment.
According an article in the Chicago Tribune, May 22, 2011. This figure was pulled from RealtyTrac who tracks foreclosures from the filing to the sheriff's sale. Bottom line - you can stay in your house at least a year.
The problem - what if a deficiency judgment is entered against you. Then you've gotten rid of your house, but still need a bankruptcy to get rid of the deficiency judgment.
Falling home prices have caused many people to choose to default on their home. It is good idea to see a qualified bankruptcy attorney to see if you are "judgment proof" or will the target of a deficiency judgment.
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