Central District Consumer Bankruptcy Attorney's Association

I wouldn't worry about the HOA going through "the process" of foreclosing as they may decide it costs too much to proceed. However this is becoming more common, especially in Florida, where the HOA forecloses, makes no payments to any senior lenders, and then rents out the property to generate some income, until the senior lenders foreclose. If a sale date is set, then your client will need to take action or lose the condo. There is no right of redemption in a trustee sale so it wouldn't just be "a huge hassle," but your client would lose the condo and could be evicted by the new owner.
I recently filed a Chapter 13 within a year after a Chapter 7 discharge to cure a mortgage default. The court issued a notice that the debtor was ineligible for a discharge and that the case would be closed if an objection and request for hearing was not filed within 10 days of service of the notice. Your client may need to go this route if an agreement cannot be reached with the HOA.
Link Schrader, Attorney
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
www.schrader-law.com

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I have a former client whose condo is so underwater it may as well be in
Atlantis. HOA is foreclosing on it anyway.
I figure this is just a ploy to intimidate the homeowner to pay up.
However, if they do get title to the condo while he's negotiating a loan
mod, it could be a huge hassle.
I'm trying to figure out if I need to file a 13 about a year after he
filed a 7.
I have another case where the condo is such a pit that we didn't care
and I don't know if they bothered to actually foreclose or not.
Anyone have any experience with this situation? Any comments?
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
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