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Updated almost 8 years ago on . Most recent reply

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6
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Kailani Tom
  • Honolulu, HI
0
Votes |
6
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HOA foreclosure situation debitor/creditor

Kailani Tom
  • Honolulu, HI
Posted

heres the situation, about 4 years ago due to of course unforseen circumstances we walked away from our home, we did talk with a bankruptcy attorney at the time and he suggested we walk away from the home because at that time the home was not worth what we had paid for it(home is in Hawaii). He did say that if the mortgage company comes after us then we will deal with it then. Heres my dillemma:

when we walked away from the home,, it was during that time the HOA foreclosed on property, however the Lender is still saying that I because they have mortgage I still own the property and for the past 3 years are wanting to work with me on saving the home. I keep telling them that the HOA has foreclosed on it and that I dont own it anymore. The Lender keeps insisting I do and has even sent me paperwork readjusting my mortgage payments, the lender continues to pay taxes and insurance on the property. My husband and I are in a better financial situation now and we would like to buy another home within the next year or so, but this mortage keeps coming up? I guess my question is:

1. is there a way for me to get back this home? even with the HOA already foreclosed on it about 3 years ago.

2. the lender has not foreclosed on me and still wants met to save the home.

3. what are my options at this point, because this is the only thing thats holding my credit up?

so confused at this point...

Most Popular Reply

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91
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36
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Elijah F.
  • Investor
  • Kaneohe, HI
36
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91
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Elijah F.
  • Investor
  • Kaneohe, HI
Replied

if by super lien you mean the lender's position is wiped from the property, that is not true for Hawaii. the lender is contacting you because there is still a mortgage and promissory note attached to the property in your name. the HOA foreclosure allowed someone (the winning bidder) to take title to the property. the only options you have are working out a deal with the LLC to gain back your interest to the property, or allow the bank to foreclose. DO NOT work out a deal with the bank until you gain back your interest in the property. any deal you make with the bank will not gain you title to the property. what's the name of the LLC that won the auction?

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