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Collect Rent after file Chapter 7?

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  • ForumReader
    replied
    Originally posted by AngelinaCatHub View Post
    There is nothing wrong with getting the rent. I would not tell your renter anything until you are notified of any action. You still own the place until your name is off the Deed. Have you filed? You are only responsible for HOA after you file as it is an obligation after your bk. Anything before, forget it. Make sure your check states the month and year you wish it credited to so they cannot just say it was owed (before filing) as it is not. 'Hub
    I do not mean to hijack the thread, but I am curious (I am a renter), is it ethical to collect rent from a tenant when the owner has stopped paying mortgage payments on the property (being in a foreclosure process)?

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  • AngelinaCatHub
    replied
    There is nothing wrong with getting the rent. I would not tell your renter anything until you are notified of any action. You still own the place until your name is off the Deed. Have you filed? You are only responsible for HOA after you file as it is an obligation after your bk. Anything before, forget it. Make sure your check states the month and year you wish it credited to so they cannot just say it was owed (before filing) as it is not. 'Hub

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  • brandon94
    replied
    Yes I am.

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  • ForumReader
    replied
    Originally posted by brandon94 View Post
    I have a rental property in Florida that I have stopped paying the mortgage several months ago and am still collecting rent from my renter. I am planning to file at the end of next week. I am including the rental income in my means test which puts me slightly over median income but I have a high child support payment that lets me pass the means test anyway.

    My questions is should I still collect the rent for November 1 which is before I file and is there any way to keep collecting after i file. I thought I couldn't collect after I filed but I had one lawyer I consulted with who said to collect and save the money for the HOA fees which I will be responsible for after filing.

    The condo is in the foreclosure process but there has not been a summary judgement or auction date set yet and banks are taking a long time to forclose in FL these days.

    Thanks.
    Is your renter aware of your foreclosure process on your property he/she is renting from you? I don't know if you should collect the Nov rent and thereafter, but consult with an attorney.

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  • shabam
    replied
    Are you handing the property back to the lender?

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  • brandon94
    started a topic Collect Rent after file Chapter 7?

    Collect Rent after file Chapter 7?

    I have a rental property in Florida that I have stopped paying the mortgage several months ago and am still collecting rent from my renter. I am planning to file at the end of next week. I am including the rental income in my means test which puts me slightly over median income but I have a high child support payment that lets me pass the means test anyway.

    My questions is should I still collect the rent for November 1 which is before I file and is there any way to keep collecting after i file. I thought I couldn't collect after I filed but I had one lawyer I consulted with who said to collect and save the money for the HOA fees which I will be responsible for after filing.

    The condo is in the foreclosure process but there has not been a summary judgement or auction date set yet and banks are taking a long time to forclose in FL these days.

    Thanks.

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