We filed Chapter 7 and discharged in 11/2010. We surrendered our house. We have kept up the HOA dues, per our attys instruction. The foreclosure has not taken place yet, but will hopefully in the next 60 days. My question is, if we go ahead and pay the HOA dues, are we entitled to a refund once the foreclosre happens. We are in NC. No one I hvae spoken with seems to know.
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I am not aware of any entitlement to a refund from the HOA for post bk/pre foreclosure payments. You are responsible for all HOA dues/fees and assessments that accrue from the day you file the bk until the day the title to the home changes (upon completion of the foreclosure).
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Our homeowner's due are $630 per year with $315 (6 months worth) due in Jan and the remaining in July. Say I pay $315 in Jan and the foreclosure occurs in March, why would I not be entitled to a refund of the amounts for Apr, May and June? The HOA would get prorated dues when the deed changes hands, so I should get I should get that portion back.Comment
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I suppose it is an argument but do not hold your breath. The HOA will state that the amount fell due on January 1, 2011 therefore you are not entitled to a pro rata share.Originally posted by Cash4ever View Post
Des.Comment
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I would go by your attorneys advise. From what I read that is what they say. And I dont know your state. But I have also read recently now that I am researching! Because they didnt take my deed and I thought this was over a year ago! I didnt know I have to keep track of things. Attorney told me send a letter and leave. Any how. We have not paid our HOA, we have not paid our insurance, we have not paid our water bill, or taxes. BOA, put insurance on our home, has been paying our taxes. We had our water shut off at curb when we left, paid off bill, but some how last August got a bill it was under 50.00 bucks and I called the water department. I told them someone has not lived there for months! The water was shut off at the curb! How is any water going thru the meter to produce a bill? They said o this is a foreclosure. I said yes (which they knew when I called for shut off, I worked for a water department!) They told me dont worry about the bill that they would attatch it to the house taxes. And would be taken care of in the foreclosure. I said ok.
This is 13 post of 15 I can almost post links on my post about who wants to walk away and cant! Take the deed already!Comment
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