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Sued for HOA fees

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  • Sued for HOA fees

    I filed CH13 in 2010 and discharged in June. I paid 100% of my credit card debt and surrendered the house to the mortgage company. This was all part of my CH13 plan and approved by the court. Friday, I get served with a lawsuit from the HOA for dues all the way back to 2010. A couple of questions I have; How does it take over 4 years to foreclose on a house and sell it? and Shouldn't the bank be paying the HOA fees as I surrendered the house to them?

  • #2
    Unfortunately there is no way to force the mortgage lender to foreclose. Many take their time due to the HOAs. Once title changes it becomes the new "owner's" responsibility going forward. The lender does not have an obligation to pay even if you "surrendered" the property until it becomes the titled owner.

    If you had an attny for the 13 you need you contact him/her to find out if you are in one of the few districts that has held that your liability ends when the 13 is filed if the property is to be surrendered, regardless of when or if the lender takes title. Maybe JB will chime in on this.

    Des.

    Comment


    • #3
      While Florida has a so-called "safe harbor" provision regarding who is responsible for HOA dues prior to foreclosure, it is not really owner-friendly (if you ask me). The safe harbor assigns responsibility for payment of the HOA dues to the foreclosing bank for the 12 months prior to the foreclosure, or 1% of the total mortgage due, whichever is less.

      Even with the safe-harbor, debtors in a bankruptcy are personally liable for the HOA dues that accrue after filing. So, if the bank takes years to foreclose, the debtor could owe a lot of HOA dues and would also be subject to outrageous attorney fees. I saw a case where an HOA tacked on over $10,000 of attorney fees to collect less than $320 in past due fees!

      I don't know of any caselaw in Florida which finds that the Chapter 13 discharge, on a surrendered property, would discharge a debtor's personally liability for paying HOA/CA dues/fees post-petition.
      Last edited by justbroke; 08-04-2014, 02:33 PM.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        Thanks for chiming in JB.

        Des.

        Comment


        • #5
          I too am in Florida. I filed in June 2010...could not pay the HOA fees, as of today, I have not heard from the HOA, I surrendered the house in the BK, the house was just suctioned in March 2014. It is now listed with the Mortgage company as the owner....I look every once in awhile to see if there is a new owner...I wonder if there is a statue of limitations on the HOA sueing for the fees? Can you add to the Ch 13 the HOA fees? I was told no, but that was going on 5 yrs ago...I live in Florida.

          Comment


          • #6
            If the home foreclosed and is now bank owned (REO), then the bank paid the HOA dues/fees.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              Banks don't dump too many REO properties on the market at once. Don't wanna saturate the market so to speak.

              HOA dues/fees,....... Not sure. Better ask your attny.

              Comment


              • #8
                idunno please re-read the forum rules and do not open up old threads while providing no additional information. (Especially since an attorney did respond to the user and the thread is specifically about HOA dues.)
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment

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