short sale/ HOA Assessment

This is a discussion on short sale/ HOA Assessment within the Mortgages, Refinancing, Foreclosure forum, part of the Buying & Selling Property category; I purchased a condo with a girlfirend and we are no longer together. I talked her into a short sale ...

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Old Apr 22nd, 2008, 12:58 AM   #1
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Default short sale/ HOA Assessment

I purchased a condo with a girlfirend and we are no longer together. I talked her into a short sale and now the bank says if the short sale goes through, we are still liable for the difference we owe on the property. She says she will file bankruptcy if that is the case. Total we are short will be nearly $180000 if the sale goes through. Am I liable for her half if she files bankruptcy. I am willing to pay my half (make payments on $90,000) if I can afford it, but I know there is no way I would be able to pay for the entire $180,000. What are my rights regarding this?

Also, we owed an assessment settlement ($25000) from when we first purchased the property. We received part of the money from the previous owner and my ex has had the money in an account. We used the money to make payments on the assessment and we used the money for a refinance, which we both agreed upon, but now I have found out she could have been using the money for other things, like paying her portion of the property taxes from this money. Is that considered stealing since it was my money she had control over. I have asked her for the bank statements in the next 7-10 business days and also told her I want a check for half of what's left by the end of the week. My calculations and hers are not adding up and she says she will replace the money, but was that stealing in the first place, and shouldn't she have to give me the money when she sends the statements? Is there anything else I can do?

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Old Apr 23rd, 2008, 10:30 AM   #2
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Default Re: short sale/ HOA Assessment

You may be (in fact likely would be) liable for the entire amount the way most loan documents are signed.
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Old Apr 23rd, 2008, 03:37 PM   #3
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Default Re: short sale/ HOA Assessment

thanks for the response...does anyone know about the assessment issue????
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Old Apr 25th, 2008, 12:47 PM   #4
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Default Re: short sale/ HOA Assessment

You could sue in small claims or orher court if the funds were used in a way other than you had all agreed.
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Old May 8th, 2008, 03:27 PM   #5
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Default Re: short sale/ HOA Assessment

You could make the outstanding debt she owes you part of the settlement documents. I'm assuming you are both owners and will both need to sign to release the unit. My sister and her future husband were selling his home, which was still jointly owned by him and his exwife. The ex went on a spending spree with a credit card in his name, for several thousand dollars. She thought she got away with it, but he put the balance she charged as moneys owe to him and against the house sale. The settlement documents are for paying off various debts and are handled by the escrow company. You can put a line in there also as money owed to you from her and towards some other debt. I'm not sure how it's done but it seemed simple when they did it. Research it. I hope I helped.
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Old May 15th, 2008, 07:19 AM   #6
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Default Re: short sale/ HOA Assessment

I do not have much knowledge on this issue. Can any one know about it just give me reply. Please accept my request.
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