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Re: association fees Personal Bankruptcy

Discussion in 'Bankruptcy Law' started by Heiress, Jun 22, 2013.

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  1. Heiress

    Heiress Law Topic Starter New Member

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    I filed Chapter 7 and still had to pay association fees on the home I surrendered. What sense does that make when someone is in debt and has filed BK?

    To top it off I received a letter to appear in court court for a judgment, affecting my credit aling with the BK that sits on your credit for 10 years. All for association fees and because they said they could not locate me.

    Where is the logic? Am I missing something?
     
  2. Betty3

    Betty3 Super Moderator

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    This is what I have in a reference: HOA fees and assessments continue to accrue after your file bankruptcy. If you surrender a home in bankruptcy that has HOA dues, any dues and fees you owed at the time of filing bankruptcy (pre-petition) HOA dues are discharged. Any fees and assessments that accrue after you file (post-petition) are your responsibility until title passes. Title can pass by a foreclosure auction, purchase, etc.

    Did you have a lawyer help you with your bankruptcy? You might want to talk to him/her.
     
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  3. despritfreya

    despritfreya Active Member

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    Betty is correct. You are responsible for all HOA fees/dues/assessments that come due from the day you filed bk until the property is out of your name, typically be selling it, doing a DIL with the lender or losing it to a foreclosure. If you do not pay the HOA, the HOA will sue you. Unfortunately, that is the law despite your intention to "surrender" and you have the HOA lobbyists in Washington DC to thank for that.

    Des.
     
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