Legal Question in Bankruptcy in Florida

After a bankruptcy & including a condo that U haven't lived in for 3 yrs, can the condo association sue U for unpaid condo fees, I am not sure if the mtg. co has forclosed yet!


Asked on 10/08/11, 4:15 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

If the mortgage was included in the bankruptcy petition and discharged with other debts, the association cannot sue to collect the debt for related fees owned as a home owner. Likely, the association claim is included in the foreclosure proceeding which can take many months even if the mortgagee pursues the foreclosure. Even if sued for the fees, you should not pay it, using the bankruptcy as a defense.

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Answered on 10/08/11, 5:32 pm


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