Full question:
Massachusetts - A couple filed for Chapter 7 Bankruptcy in 1992. They had a number of Condominium units, which were listed. They gave up the condos, but it's now 2011, the Town still lists the two as the owners of one particular condo unit. The bank never foreclosed. The bank(s) have been bought out repeatedly - maybe 4 or 5 times over the last 10 to 15 years. Should the two take any affirmative steps to get the condo unit out of their name, or just leave the whole thing alone? Is there legal liability if they remain on the deed? What about Condo fees? The Condo Association filed a lien for past due condo fees in 1995 and the Town filed an Instrument of Taking in 2005, but they still remain the record owners to this day. How should they best proceed?
- Category: Bankruptcy
- Date:
- State: Massachusetts
Answer:
The couple's situation depends on the bankruptcy order's terms. They may need to consider a petition to quiet title or a writ of mandate to transfer the title. As the current titled owners, they are responsible for condo fees and property taxes. Even if a tax lien expires, they can still be liable for unpaid state taxes. It's important to determine which lien takes priority—state or bank. Consulting a local attorney is advisable to review all relevant documents and facts. A writ of mandate is a court order compelling a public agency to fulfill a legal obligation when it has failed to do so.
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