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The confusion is because he is about $40,000 underwater on the place as of today. So if (when) the bank sells and doesn't get its money back in...

That's what I'm asking. If the lender still has a primary lien on the property and Phil is in possession of that property then the mortgage debt...

People overcomplicate this. He's required to pay the condo association fees because they are new debt. You declare bankruptcy today, next week the...