Legal Question in Bankruptcy in Texas
Can a lender not foreclose on a property after you have surrendered it in bankruptcy in Texas?
We have a lender who has discharged the loan amount to us, but maintains a lein on the property but has not foreclosed so that we are still listed as the owners. This has caused a problem with the HOA, we are still being held acccountable even though we no longer live in the area.
1 Answer from Attorneys
Unfortunately the short answer is yes. Lenders appear to be doing this more and more these days. I would advise you the send the HOA a certified letter advising them of your situation. The reality of the situation is the HOA may still incur fees attributable to you as the "owner" of the property but they probably will not pursue you in court. The HOA's biggest weapon is foreclosure, which I assume would suit you just fine. Please feel free to visit our website at www.northtexasdebtfreedom.com
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