Legal Question in Bankruptcy in Georgia

I live in Brevard county Fl. My bankruptcy was completed in 2012. I had previously owned a building lot in Carroll County Ga. This lot was given up as part of the bankruptcy. I was given the opportunity to buy it back, but chose not to. I now have three tax liens on my credit report for this property. Apparently, ownership has never changed. I have no desire to own this property. It is a liability, with value, taxes, and extremely high HOA dues. I've contacted my bankruptcy attorney and he now wants to change me for advice. Not sure where to turn. Please advise. Thanks, Michael Hutchison


Asked on 5/03/17, 9:27 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You obviously misunderstood bankruptcy. While a discharge can erase the debt on an asset, it does NOT compel a lender to take it back, so you NEVER could have "bought it back." If the property had a mortgage on it, it remains a lien, although you cannot be compelled to pay that. However, post-filing debts are NOT erased by the bankruptcy, so you owe the taxes and the HOA fees. The lender, unless there was a lot of equity, simply isn'tgoing to take it back, as then they'd have to pay HOA fees and taxes. Saying you wanted to surrender the property only allowed that to happen; it didn't require it, and what you were offered was a reaffirmation on the loan, not what you said.

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Answered on 5/03/17, 9:35 am


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