Home Owners Association?? [Archive]

jojee30

01-16-2006, 10:06 PM

I moved out of my house May 2005, alerted the mortgage company and the HOA June 2005 and stopped making payments. I filed for Bankruptcy in June as well (Chapter 7) and it was cleared in August. The house foreclosed in December. I now received a letter from the HOA attorney saying I owe them $1400. Even if I was paying the assessments from May to Jan, with late fees it would be only $800.

Questions:

Am I responsible for the assessment? I am sure they attempted to put a lien on the house and discovered there was negative equity and the 1st loan was paid (not the 2nd or 3rd). The bank bought the house in the foreclosure. (I just saw it listed on the MLS).

When did my responsibilty end for the house?

Am I screwed because I didn't list them in the bankrupcty?

edwards2

02-28-2006, 01:46 PM

I live in a subdivision with a homeowners association as well. I know when homeowners have sold their houses the dues are either paid by the seller or the buyer but that is usually pre-arranged. We had a family who stiffed our HOA for months but when their house was sold they have to pay it. Their bill was high(not as high as yours) and we did add interest and penalties because they flat out refused to pay it. We paid our dues quarterly. How did you pay yours? So the dues were due between the time you filed and when the house actually foreclosed? I would challenge the amount. FYI I just remembered we did have several couples who filed for BK in our neighborhood and we(the HOA Board) forgave the debt. We figured they had been through enough. Too bad yours doesnt feel the same but I would call them anyway. Did you use an attorney for your BK? Ask him.



	Bankruptcy Forum > Before the Discharge > Foreclosure > Home Owners Association?? PDA Home Owners Association?? jojee30 01-16-2006, 10:06 PM I moved out of my house May 2005, alerted the mortgage company and the HOA June 2005 and stopped making payments. I filed for Bankruptcy in June as well (Chapter 7) and it was cleared in August. The house foreclosed in December. I now received a letter from the HOA attorney saying I owe them $1400. Even if I was paying the assessments from May to Jan, with late fees it would be only $800. Questions: Am I responsible for the assessment? I am sure they attempted to put a lien on the house and discovered there was negative equity and the 1st loan was paid (not the 2nd or 3rd). The bank bought the house in the foreclosure. (I just saw it listed on the MLS). When did my responsibilty end for the house? Am I screwed because I didn't list them in the bankrupcty? edwards2 02-28-2006, 01:46 PM I live in a subdivision with a homeowners association as well. I know when homeowners have sold their houses the dues are either paid by the seller or the buyer but that is usually pre-arranged. We had a family who stiffed our HOA for months but when their house was sold they have to pay it. Their bill was high(not as high as yours) and we did add interest and penalties because they flat out refused to pay it. We paid our dues quarterly. How did you pay yours? So the dues were due between the time you filed and when the house actually foreclosed? I would challenge the amount. FYI I just remembered we did have several couples who filed for BK in our neighborhood and we(the HOA Board) forgave the debt. We figured they had been through enough. Too bad yours doesnt feel the same but I would call them anyway. Did you use an attorney for your BK? Ask him.