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I live in a condo and the developer went bankrupt. The association is broke and monthly fees are up to $320 without a clubhouse or pool. I am also $100,000 upside down on my mortgage and just barely hanging on. Should I just walk away?

Last Updated: February 03, 2012

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Walking away from high condo fees and payments on an upside-down mortgage (i.e., loan amount greater than home value) can have serious consequences such as collection efforts from lenders and a lowering of your credit score. Nevertheless, increasing numbers of "upside down" homeowners who owe significantly more than their home is worth were reported to be doing this during 2008-2012 to escape what seems to be an impossible financial situation.

Before taking such drastic action, we recommend that you speak to your condo association and mortgage lender about possible concessions or new housing programs that might lower your monthly payments. If all else fails and you still want to "walk away," get legal advice first from a lawyer in your area who practices real estate law. The lawyer can tell you all the pros and cons of walking away in your state of residence and help you to make an informed decision.

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