Debt collector in violation of the law?

[LdiJ]

Why not?

Why should a bank be compelled to take a house back if it doesn't want to. Or a car for that matter. We read a lot about people stuck with cars that they can't get rid of because the bank won't repo it.

The bank's not attempting to collect a discharged debt, it's just ignoring it.

And even if the foreclosure is on the list there may be thousands of foreclosures (or repos) ahead of that one.

Bankruptcy is different than an ordinary default.

 

[Zigner]

Bankruptcy wipes out current debt, not future debt. Your position (LdiJ) is really unfathomable.

 

[PayrollHRGuy]

The OP moved out of the home in 2010 and did not reaffirm it. If the lawyer properly included the HOA in the bankruptcy the OP shouldn't have accrued any new debt, even if the bank chose not to put the property in their name until 4 years later.

Is it you position that if one were to purchase a home subject to an HOA and then declare bankruptcy they would never have to pay HOA fees again? If that were the case HOAs would disappear in about 5 years.

 

[LdiJ]

Bankruptcy wipes out current debt, not future debt. Your position (LdiJ) is really unfathomable.

This is debt related to an asset that the OP relinquished in bankruptcy. I am of the opinion that the HOA debt belongs to the bank. I realize that is not a popular opinion.

 

[adjusterjack]

If that were the case HOAs would disappear in about 5 years.

Not necessarily a bad thing.

This is debt related to an asset that the OP relinquished in bankruptcy.

One doesn't relinquish real property without an official transfer of ownership to the next owner.

I am of the opinion that the HOA debt belongs to the bank.

Not until the bank becomes the owner. By the way, the bank might never become the owner if somebody outbids the bank at the trustee sale.

 

[PayrollHRGuy]

Not necessarily a bad thing.

I don't disagree and would never live under one. BUT people keep buying houses under HOAs.

 

[FlyingRon]

Where does it say they relinquished the house in bankruptcy? Having the mortgage discharged doesn't equate to giving up ownership. While they are no longer accruing responsibility for the mortgage, the HOA fees and taxes continue until the lender actually forecloses (or the property is otherwise disposed of).