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My HOA is suing me for back dues? Should I just foreclose on the house?

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    My HOA is suing me for back dues? Should I just foreclose on the house?

    I took out a 100% mortgage for a place about 2 years ago at a condo conversion. I thought everything was great, until the rest of the units never sold. The owner started renting them out, and we didn't have enough people to switch the HOA over to the owners. I stopped paying the HOA because they weren't enforcing the rules: renters throw trash around, play loud music, deal dugs, and park in other people spots. There's been break ins and I've had the cops knock on my door asking if I've seen my neighbor because her door was found kicked in, blown off the hinges and wide open.

    I bought the unit for $150k and pay about $1200 a month in mortgage. The renters pay $650.00. My property dropped $50k in the first year, now its worth $108,000. I had a lien on my property for 6 months of dues, $700. But they added attorney's fees, and now its $1250. Now they're trying to sue me and want $3000.00.

    The unit has gone to hell. The appliances I thought were new turned out to be used. The washing machine doesn't work correctly, the AC unit has blown out and needed to be repaired by me, the property owner doesn't pay the water and has been turned off twice (but has been turned back on).

    I want to get the hell of out this place. I figure I'm spending over $12000 to live here, and if i just moved into an apartment and saved the money, in 10 years, I could have $60k saved versus paying mortgage. If i stay here for 10 years, I can't sell my unit for $210,000 and get $60k in equity (would have to sell over $200 a sf).

    I'm starting to struggle to make the payments now. My morgage is due on the 1st, but I end up paying on the 15th and have a $50 late fee.

    I have $12000 in credit cards and loans that I'm trying to pay back, because I've starting living on credit because my disposable income has dropped to 0 and I've been using it to buy groceries, gas, house repairs, car repairs and such.

    I've been good on making all the payments on credit cards and stuff on time, so I don't have any past due debt. Im paying more than the minimum for my credit cards, and hope to have them paid off within 3 years, but I can pay them way faster if I didn't have the house.

    Is it worth it just dump the house and move on with my life? I've understood what everyone says about "being more responsible, biting off more than you can chew..etc," but take this for what it is: a bad business decision. This property is costing me money and its not worth my time or money to keep it - Leaving ethics and emotion out of it, is is worthwhile long term and financially to accept a foreclosure and save the money and try again in 5-10 years ?( I'm 23 now, bought the house at 21). I have no money vested into this place, and its caused me nothing but problems since I moved in..literally, my realator said heres the keys good luck. Never heard from them ever again. The escrow company never gave me back my earnest deposit and lost it, and the HOA doesn't do anything, but still wants money.

    What about the HOA dues? Should I file bankruptcy and just start my life fresh? I don't have any other property, and I don't have any money for them to take - I'm basically living paycheck to paycheck, and don't see any way out for at least 30 years (or until the mortgage is gone).

    I don't want to lose my car that I'm paying for, and I can't afford to pay $20000 in debt plus my regular living expenses (about $600 a month)
    Last edited by brian35453; 08-03-2008, 11:00 PM.

    #2
    I"m not sure about the HOA dues.

    However is it possible to possible Short Sell the place to someone else? Might be an option.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Hi brian, Welcome!
      Are you in Florida by chance? I've actually heard other condo conversion horror stories very similar to yours. as JRScott says --short selling may be an option for you? If your mortgagor is aware that this unit has gone south in such a way, (I'm sure they would see this) they may be willing to work out a short sale more readily. It's typical that lenders have historically been known to drag their feet on this sort of thing, but I think lately a lot of lenders are realizing they may lose less if they work with you. Also, you may look into a Deed-In-Lieu of Forclosure. We are in the process -with our attorney- of 'offering' the house back to the lenders, in exchange we'd like them to waive any deficiency.

      I think it sounds like your house is the main problem and the debt on CC's is more of a product of the problem. I'm not sure filing BK would be your first choice, but if I were you I'd seek out a free consultation with an attorney and see what recourse you may have. Good luck to you
      "You can never get enough of what you don't need to make you happy."
      6/16/08: Attorney approached lenders to surrender old home
      8/26/08: Met w/attorney RE: filing BK
      9/29/08: Filing Chapter 7

      Comment

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