Personal Bankruptcy HOA & Bankruptcy

[Cricker]

I am filing for bankruptcy - I'm letting my condo go after it's been on the market and in short sale and nobody has looked at it. My HOA is $406/mo which I have been paying b/c I was told I needed to until I file bankruptcy. I just found out via a bankruptcy lawyer that I shouldn't have been paying my HOA b/c any unpaid HOA fees would have been dismissed at the time of filing. Since my CC&Rs state they can sue the land/property or the owner, I was told that I will be responsible to pay the $406/mo until trustee's sale is completed which will be 3 months after the start of the trustee's sale. Does this sound correct? or do I really have to keep paying the HOA fee after filing bankruptcy?

 

[FlaRiptide]

Is your condo near foreclosure? The HOA will most likely attach a lien to the home for unpaid dues. Either the mortgage company or the short sale buyer will end up paying if you don't. The HOA could also file for a judgment and garnish you wages, yet in my opinion this is less likely. As treasurer of my HOA, I find this process not as productive especially when a home is facing foreclosure or sale.

 

[Cricker]

I don't think it's near foreclosure. I stopped payments in Dec and they're now just sending me letters that it'll go into foreclosure if I hadn't responded by April 5th. My HOA is very strict so I wouldn't put it past them to try to file judgment on myself. Thank you very much for your advice.

 

[Theresagail]

Even if they filed a judgemnet the day you file BK they must stop everythign --- BK is a protection anyone that Violates the Automatic stay will be in a lot of trouble w. the Federal Bankruptcy Trustee-- Even if they requested relief from the sutomatic stay the trustee would not give it to them per you are surrendering the house