BK 7, HOA Quit Claim Deed Foreclosure, BANK forecloses again- can a foreclosure happent TWICE??

[helpwanted08]

Hello We are not sure if we need to hire an attorney.

-We had a BK 7 discharged in OCT 2008- home included in BK

- SEPT 2009 HOA filed a QUIT CLAIM DEED which states We are removed from Title We received notice before this recorded that there would be an auction held. Then we received notice that the HOA took the property and that we had not title rights or any rights to this property.

- MAY 2011 BANK OF AMERICA records a foreclosure in our name again.

Can this happen?? Our attorney told us that the quit claim deed removed us from title in 2009.

Should we contact Bank of America? Should we hire an attorney?

We are trying to qualify for a mortgage and are worried that this second foreclosure will get in the way. The home was in Hawaii.

Please help.

[TomEason]

helpwanted08

Thanks for your post.

As I understand it, the HOA first FCed and took title to the property, likely for breach of contract and unpaid HOA fees. That right varies by state. You might want to do further research on HI HOA laws and/or consult with a HI RE lawyer (not worth spending much $$ on this).

BOA then FCed due to a default on the loan, which is lawful. Although the HOA was the owner of record during that FC, you were the trustor (signatory) on that loan obligation. Hence, any credit report listing both FCs is likely accurate.

In summary, you had two FCs under two different obligations, i.e. for two different reasons. Therefore the CRAs can legally report both.