QUESTION

Do we need to also file a separate quit claim deed on our HOA fees?

Asked on May 28th, 2011 on Bankruptcy - California
More details to this question:
My wife and I are currently filling a chapter 13 with an attorney in another state, where we live. The bankruptcy includes a condo in Las Vegas. Our attorney advised us to file a quit claim deed to the mortgage company. Do we need to also file a separate quit claim deed on our HOA fees?
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6 ANSWERS
Answered on Jun 02nd, 2011 at 10:45 AM
First of all, you should ask your lawyer to make certain the lender either will accept your quitclaim deed or is otherwise required by state law to do so. If so, no separate deed would be required with regard to your obligation for homeowners association fees. However, what to do about post-petition HOA fees if title to the property stays in your name is a thorny one.

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Answered on Jun 02nd, 2011 at 10:04 AM
The law that pertains is in the state where the property is located. You need to seek advice of a Nevada attorney familiar with real estate law. Attorneys in one states are not allowed to give advice about the law in other states unless they are admitted to practice in that state as well.

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Mr. Eric C. Lewis
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Answered on Jun 02nd, 2011 at 9:30 AM
No, there's no such thing. The HOA fees travel with the deed to the property, except that anything you incur prior to transfer is your personal responsibility as well.

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Answered on Jun 01st, 2011 at 11:42 AM
You are already represented and should address your question to your attorney.

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Answered on Jun 01st, 2011 at 11:07 AM
Quitclaims are not creditor-specific. If you quitclaim the property to the mortgage holder, the HOA should look to the mortgage holder for post-petition dues. By the way, my feedback assumes that you will be surrendering the Las Vegas condo.

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Answered on Jun 01st, 2011 at 11:07 AM
There is no such thing as signing a quitclaim for HOA fees. Discuss those with your lawyer. Note that in a Chapter 13 you cannot deed the house without a court order. Do you have one?

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