How do you stop a foreclosure if you’re trying to negotiate a settlement but the condo association and their lawyers do not answer your calls or emails?

UPDATED: Oct 1, 2022

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How do you stop a foreclosure if you’re trying to negotiate a settlement but the condo association and their lawyers do not answer your calls or emails?

My fiance owns property in a condo. The mortgage for the condo is in her ex-husband’s name, however the property was “awarded” to her due to legal reasons. She has been behind on mortgage payments and association fees due to a medically disabled child. The child is on SSI. I moved in with her within a week of her foreclosure notice. The condo association dues were past due by a few months, however in the past the were caught up with her tax returns. Now they are saying she owes almost $900 in past due fees plus almost another $3000 in legal fees. I have been in the condo and with her for not even 2 months and we have been trying to get the past due fees and mortgage up to date. She just filed for Chapter 7. Neither the condo board or their lawyer will talk with us unless we pay to talk to them. There is something very wrong with this.

Asked on October 14, 2017 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your fiance has already taken the appropriate action by filing for bankruptcy. Bankrupty "stays," or delays, any collections efforts while the bankruptcy is going on, and that includes foreclosure actions. The stay is not permanent, especially when money is owed pertaining to property; they can get the stay lifted by going to court but that will take sometime and they will have to talk to you at the court proceeding.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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