Question

Is it possible to get my name removed from the deed of my house, which I acquired when I filed for Bankruptcy?

I filed chapter 7 bankruptcy, in which I owned a home. The Bankruptcy has been discharged. The homeowners association said I am still responsible for the association fee until I remove my name from the property. How can I get me name removed from the deed?
Share |

LawQA.com Answer Library

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Bankruptcy discharges personal liability on debt; it does not rid one of property. You can quit claim your interest, sell it, or otherwise transfer it.

Answer Applies to: Indiana
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eliza Ghanooni, Attorney at Law
It looks like your lender is lagging on foreclosure. Your best option may be a short sale. Just make sure you don't sign any promissory notes or you could be acquiring debt that you already got rid of in your bankruptcy.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Theodore N. Stapleton, PC
The bank has to foreclose or you need to give the bank a deed in lieu of foreclosure.

Answer Applies to: Georgia
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Lynnmarie A. Johnson
When either the mortgage company forecloses or the place is taken for taxes.

Answer Applies to: Michigan
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Under bankruptcy law you continue to owe homeowner's association dues until you no longer own the property, such as a sale or foreclosure.

Answer Applies to: California
Replied: 9/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
You can't as I am sure your bankruptcy lawyer told you. You can't make a bank foreclose. You don't have to pay the home loan, but it is still your asset until the bank takes it.

Answer Applies to: Georgia
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
You still own it (and owe the HOA fees) until the property is foreclosed by the bank.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
Unfortunately you are responsible for post-petition HOA dues until the lender forecloses. If you have not moved out stay until the foreclosure sale, pay the HOA dues and enjoy the cheap rent. You still have title to the house until the foreclosure sale. Theoretically you could rent the house month to month until the foreclosure.

Answer Applies to: Colorado
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Paul Stuber, Attorney at Law
You can give a deed to the mortgage company instead of foreclosure.

Answer Applies to: Colorado
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Attorney at Law
A Chapter 7 bankruptcy will discharge HOA dues that were owed but unpaid before the date of your bankruptcy filing.Unfortunately, however, you are obligated for those dues from the date of the filing onward, for as long as you own the house.There is no realistic way to get your name off the deed unless you are able to sell or give the house to someone else or, as is more likely, the house is ultimately foreclosed on (assuming that you are behind on your mortgage payments).Some mortgage lenders are very quick to foreclose on a house, but others take many months before a foreclose happens.In the meantime, even if you have moved out of the house, you are still responsible for the HOA dues.Some HOAs will sue you for the dues (usually in General District Court), whereas other may merely put a lien on the house.If they sue you, you are going to be stuck with the debt; however, if they merely put a lien on the house without following up with a lawsuit, then the lien will follow the house into foreclosure and the mortgage company will most likely have to pay off the HOA dues in order to sell it to someone else. Sorry about the bad news, but I hope this helps.

Answer Applies to: Virginia
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
When you own a property and it is not surrendered in the bankruptcy, then once you get your discharge, you are still responsible for all post petition fees. Now that you have your discharge, you would have to request a deed in lieu of foreclosure from the bank to take ownership and get it out of your name. Otherwise the property stays in your name and you accrue more penalties and interest.

Answer Applies to: New York
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Goldsmith & Guymon
You can do a short sale or contact the bank and try to expedite foreclosure.

Answer Applies to: Nevada
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Harry L Styron
I do not understand what you mean by "which I acquired when I filed Bankruptcy". The association fee is a lien on the property, and if you listed them as a creditor in the Chapter 7, then your personal liability for the fees accrued prior to the date of filing the Petition has been discharged. They can still enforce their lien against the home through a judicial foreclosure action, but they can't enforce them against you. Post petition accruals are a different thing. If you continue to own the property, then you are personally responsible for the fees.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
Unfortunately, you are responsible for the HOA fees after you file bankruptcy until you are no longer the owner of the home. There are a couple of things you can do to remove your name from the deed. First, contact your mortgage company to see if they will do a "deed in lieu of foreclosure". That is where you give the home back to the bank. If that does not work, then try to short sale the home. Once the home is transferred to another party, then you are no longer responsible for the HOA fees.

Answer Applies to: Colorado
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Selleck Legal, PLLC
You will no longer be the deed holder once there is a Sheriff Sale conducted. There will then be a Sheriff Deed showing you no longer have an ownership interest in the property.

Answer Applies to: Michigan
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Bankruptcy


Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask Your Own Question

Free Legal Questions & Answers

This site is an exclusive listing brought to you by LawQA and is a form of advertisement. To visit the official website of this attorney please click here.