• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lawsuit, Bankruptcy, Prior liens, Foreclosure

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

A550110

Guest
What is the name of your state? What is the name of your state? Texas

I could not afford to hire legal representation in any of the following cases. I tried to represent myself as much as I could.

In 1998 my Homeowners association (HOA) filed a lawsuit against me.

In Jan 2000, hot water flooding caused a damage of approximately $15,000 in my condo. HOA said that they kept the insurance money to reimburse themselves for legal fees and did not give me money for repairs.

In 7/2000, I filed chapter 13 but withdrew it after 13 days.

In 2/2001, I filed another chapter 13. I could not go to court. I can not reach anywhere before 3:00 P.M. because of disabling condition of Narcolepsy.

I had been suffering from this disabling condition since 1987 and I had been borrowing money for medical expenses.

On 10/4/2001, my lender, an individual, filed a lien of $42,000 as mortgage against equity.

On 3/18/2002, he filed another lien of $10,000 as construction money lien. since HOA had not given me insurance money, I had to borrow for emergency repairs.

The bankruptcy judge dismissed my case without prejudice on 2/11/2002.

Later, in 4/2002, in my absence, on HOA's motion, the judge amended the order that case was dismissed with prejudice and that I will not be allowed to file bankruptcy during the next 18 months.

In 5/2002, within 30 days I filed an appeal and attached a separate request that I wanted to have my appeal heard by the District Court. Someone in bankruptcy clerk's office sent it to the same judge against whose decision I was appealing. That judge denied my request for appeal without any hearing. Can I do anything about it? I had also submitted request for extension of time to file notice of appeal.

On June 3, 2002, HOA won a judgment of $100,000 against me. I filed a request for a new trial; Therefore I assume the judgment is not yet final. Hearing is set for July 31, 2002

Assuming that HOA will foreclose, I stopped paying HOA monthly fee since the past two months.

I have following questions:

1. I want to keep my condo at any cost or I will become homeless. What are my options?

2. someone told me that despite the chapter 13 judge's order, I can still file chapter 7. Is it true?

3. Can I countersue HOA for insurance money and request an order for stay of judgment.

4. Assuming HOA has not yet filed a lien, can I sign quit claim deed to my lender with two prior liens. He will let me live in the condo. I will keep on paying him monthly payment instead of paying rent somewhere else.

5. Can my lender foreclose before HOA does? Will he have to give money to HOA? Will HOA maintain its claim as secured against the condo even after my lender forecloses?

6.If HOA forecloses, will it have to first give money to my lender for prior liens or my lender will not get anything.

7. The judge has already allowed foreclosure in her order. Will HOA give me notice of foreclosure? How many days will I have to move out after foreclosure?

8. Sooner or later, I plan to sue HOA for non payment of insurance benefits and pain and sufferungs caused to me due to disrepair of the condo. If I file chapter 7, how will it affect my lawsuit. What will happen if I file the lawsuit before chapter 7, during the chapter 7 process or after chapter 7 discharge.

9. Will it be advisable to start paying HOA fee or I should wait till the foreclosure?

10. My condo has an equity of only $10,000. The total liens are $52,000. If I file chapter 7, the trustee may not sell my condo. Is it true?

11. The two liens were filed after I had already been sued, but I have evidence as cancelled checks. Can the liens be challenged for enforceability.

12. Because of the complexity of this case, I have not been able to find an attorney despite my best efforts. Can someone help me to find an attorney. I can pay reasonable flat fee.

13. Is there anything I can do regarding my chapter 13 appeals case that was sent to the same judge against whose judgment, I was appealing? I spoke several times with the clerk's office, they neither give any explanation nor they do anything about it.

With thanks.
 


A

A550110

Guest
Reply to Homguru's answer

What is your state name? Texas


Thank you for your reply.

I probably confused you by giving too many details.

Right now, there is only one issue, that is, distribution of money after foreclosure. You may want to answer the following only:

Assuming that civil lawsuit judgmrnt is not final yet and HOA has not yet filed a lien against the condo,

1 can my lender foreclose quickly before HOA gets a chance to do it? If he does, who will get the money first; the lender or HOA? Lender's liens are senior and he will be foreclosing. Obviously he will probably have the right to satisfy his debts first.

2 Since HOA has not yet filed a lien and does not yet have a final judgment, can I sign a quit claim deed in favor of my lender. It will not be a fraudulent act because I have documentary evidence in the form of cancelled original checks since the past 10 or more years. What other problems could possibly arise?

3 liens were filed recently when I was reorganizng my debts under chapter 13, I have documentary evidence of debt; I am not under bankruptcy any longer; what problems could possibly arise in enforceability of the liens?

4 Since I have become totally solvent, waiting for 18 months does not make any sense; therefore, most probably chapter 7 judge will allow it. What other problems could possibly stop me from filing chaptr 7.

5 How many days will I have available to vacate the condo after foreclosure. All attorneys who have ever been involved in foreclosure, probably know it.

Hoping, you will try to help. I myself tried to research but did not know where to search for these issues. With thanks.


NOTE: Could you please explain what are the "views" and how can I get into it. Thanks.
 

HomeGuru

Senior Member
Re: Reply to Homguru's answer

A550110 said:
What is your state name? Texas


Thank you for your reply.

I probably confused you by giving too many details.

**A: I was not confused. The start of the problem is that you did not cooperate with the other parties, choose to fight ratherthan settle or negotiate and do not have a clue regarding legal procedures, legal research, how to represent yourself as your own attorney etc.
***********

Right now, there is only one issue, that is, distribution of money after foreclosure. You may want to answer the following only:

Assuming that civil lawsuit judgmrnt is not final yet and HOA has not yet filed a lien against the condo,

1 can my lender foreclose quickly before HOA gets a chance to do it? If he does, who will get the money first; the lender or HOA? Lender's liens are senior and he will be foreclosing. Obviously he will probably have the right to satisfy his debts first.

**A: here is where you are totally off base. It does not matter what party forecloses first because the settlement of the liens would be based on priority of the liens not the foreclosure action. In any case, once the mortgage lender files foreclosure, the HOA would not need to file a separate foreclosure action. All they would need to do is join in on the lender's foreclosure complaint as a third party Plaintiff. And yes, the lender will have the HOA served with a copy of the foreclosure complaint.
*********

2 Since HOA has not yet filed a lien and does not yet have a final judgment, can I sign a quit claim deed in favor of my lender. It will not be a fraudulent act because I have documentary evidence in the form of cancelled original checks since the past 10 or more years. What other problems could possibly arise?

**A: the action in which you propose is called a deed-in-lieu of foreclosure and the important things involving this transfer is that the lender must approve. No lender would accept the property based on the large amount of monies in arrears due the HOA and the legal issues and problems surroundng the subject property.
The property is stigmatized and the lender would be better off foreclosing and getting clear title rather than having to pay HOA fees, deal with your possible BK etc.
***********

3 liens were filed recently when I was reorganizng my debts under chapter 13, I have documentary evidence of debt; I am not under bankruptcy any longer; what problems could possibly arise in enforceability of the liens?

**A: if they are judgement liens, they would remain on your credit report.
********


4 Since I have become totally solvent, waiting for 18 months does not make any sense; therefore, most probably chapter 7 judge will allow it. What other problems could possibly stop me from filing chaptr 7.

**A: no comment.
**********

5 How many days will I have available to vacate the condo after foreclosure. All attorneys who have ever been involved in foreclosure, probably know it.

**A: you need to ask the foreclosure Trustee.
**********

Hoping, you will try to help. I myself tried to research but did not know where to search for these issues. With thanks.

**A: you pretty much really screwed things up by not having your own attorney.
***********
NOTE: Could you please explain what are the "views" and how can I get into it. Thanks.
**A: I have no idea what you are talking about.

Good luck to you.
 
A

A550110

Guest
Reply to HomeGuru

Thank you for your informative reply. I will very briefly explain few things.

During the first two years, I had a voluntary attorney. We went to mediation twice. HOA was adamant that I move out within seven days and sell the condo only to HOA and at their dictated price, I will let you decided if I did not cooperate or tried to fight.

The underlying cause is that I have a disability and HOA does not want me to live here. I have positive evidence to that but going into details will make this message very lengthy. I will let you decide if the act of not giving me $15,000 of insurance money for repairs was an act of animosity or I somehow screwed up.

I have copies of e-mails and faxes that I contacted more than two dozen attorneys without any success. Hiring an an hourly attorney was beyond my means, I suffer from Narcolepsy and my Social security check is only $560.00 a month. I will let you decide that if I messed up.

I want my lender to foreclose in order to save the jacked up legal expenses that HOA will deduct from the sale price. Also, my lender will allow me to live in the condo as a tenant but HOA will not let me live here under any circumstances which means that I will become homeless.

I have known the lender for the past 20 years. Our transactions were always based more on trust than on any contract. The lender will allow and approve anything that will be helpful for me whereas HOA will make it as difficult as it can.

The two liens were not judgment liens. The lender decided to file the liens in order to protect his interest. Long ago, I had helped him a lot without expecting a penny in return when I did not even know him.

The basic fact here can be well explained by an old British Proverb, “Who suffers, remembers; others don’t.”
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top