Your bankruptcy counsel can best advise you on what to include in your debt statement for the bankruptcy proceedings. As well, given our situation, you may decide to file for a style of bankruptcy that schedules payments you make over an extended period to retire your debts instead of discharging them.
Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.
If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".
The charge offs will remain the required seven years and should be noted as included or discharged in bankruptcy.
No. All entries have to be marked "included in bankruptcy". Obviously that only applies if they were actually included.
Your bankruptcy counsel can best advise you on what to include in your debt statement for the bankruptcy proceedings. As well, given our situation, you may decide to file for a style of bankruptcy that schedules payments you make over an extended period to retire your debts instead of discharging them.
Owners pay HOA assessments, in monthly or in annual payments. These payments are the revenue source for the operation of the community. Past-due assessments in escrow may be paid to satisfy a lien.
Best practices dictate that you work with your bankruptcy attorney to answer your questions specifically.
Yes.
They should have collected this from the seller at closing. Usually the title company will contact the HOA to find out how much is due. The year's dues should be prorated according to what portion of the year that the seller owned the home and what portion that the buyer owned it. It is possible that the buyer gets a credit for partial HOA dues on the closing statement, then must pay a full year's dues to the HOA. Or the title company may pay dues directly to the HOA out of funds from closing. Check with the title company to find out what exactly happened at closing.
If the same owner has built up years of past-due assessments, the HOA can collect them all. If you purchased a home with past-due assessments, and the HOA did not step in before title-transfer time, it is unlikely that you as the new owner are responsible for past-due assessments that the board failed to collect from the previous owner.
Work with your bankruptcy attorney to verify which debts are included in your filing. As of the date of your filing, ongoing assessments become due and owing, together with any new special assessments or fines incurred after that date.
It depends on the specific rules and regulations of the homeowners association (HOA) in question. Some HOAs may require homeowners to pay dues even if their home is under construction, while others may exempt them from paying until the construction is complete. It is important to review the HOA's governing documents or consult with the HOA directly to determine their specific policies regarding dues for homes under construction.
Depends on the laws of the state; the HOA should have its attorney check this. But the question is how did the sale occur without the HOA providing a standard letter certifying that all dues were paid to date of sale unless your state does not require this? The HOA should have filed its lien against the unit prior to the sale, too, if state law granted it that right.
The current owner will inform you as to the monies due to the HOA at the time of sale. If the HOA has filed a proper lien on the title to cover past assessments, then yes, they are paid as part of the sale.
The association counsel that filed the lien for the association can answer your question.
It will depend both on state law and the entity that is foreclosing. In some states lenders are not required to pay the full amount of back dues or other HOA assessments.