QUESTION
Am I responsible for that debt even after the discharge?
Asked on Oct 15th, 2014 on Bankruptcy - California
More details to this question:
I have a discharged chapter 7 completed on 3/10/102012. Now, HOA wants to collect fees. I have not been in the home since 8/2011 when HOA kicked me out with sheriff. What can I do? I don’t have that kind of money.
10 ANSWERS
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
HOA dues incurred after filing are post-petition debts and you would be responsible if the property were still in your name. However, if you were evicted prior to the fling it would appear that the property was not in your name and you would not be responsible. You should contact your bankruptcy lawyer. Also, you could research with the county recorder when the property was taken out of your name. If it was prior to filing contact the United States Trustee and notify them of creditor abuse.
Answered on Oct 20th, 2014 at 4:23 PM
This is a common situation, often called a zombie foreclosure. The homeowner has assumed that the mortgage company has foreclosed and leaves the property. If the mortgage company neglects to foreclose, the homeowner remains liable for homeowner dues as well has fines assessed by the municipality for failing to maintain the property.
Answered on Oct 17th, 2014 at 11:10 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
The fees that were owed on the date you filed bankruptcy have been discharged however, any fees since the bankruptcy are your obligation. Generally, homeowners associations secure their fees by putting a lien against the property, not suing the owner.
Answered on Oct 17th, 2014 at 10:22 AM
Unfortunately I would need a lot more information. You may have to pay a lawyer to get good advice.
Answered on Oct 16th, 2014 at 7:25 PM
Yes HOA fees incurred after filing is considered new debt and not discharged in bankruptcy.
Answered on Oct 16th, 2014 at 7:24 PM
When did the fees accrue? It would have helped if you had indicated that vital piece of information to the volunteer lawyers trying to assist you. Once you file bankruptcy, you cannot continue to run up debt afterwards and include it in your bankruptcy. Bankruptcy isn't a free ride on paying debts for the rest of your life. In addition, if the debt was run up before you filed bankruptcy, the HOA may have filed a lien against the property which will allow them to sell the property to repay the debt.
Answered on Oct 16th, 2014 at 7:23 PM
You are liable for all HOA fees that came due from the date you filed your case until the date the property was sold. Those fees are not included in your bankruptcy.
Answered on Oct 16th, 2014 at 7:22 PM
Bankruptcy Attorney serving Walnut Creek, CA
at
Alan E. Ramos Law Offices
Update Your Profile
After you file your petition, your personal liability for the assessments due as of that date will be discharged. However, if the HOA has a lien on the property, that lien will most likely remain on the property. Additionally, you will be liable for all assessments accrued after the date of filing, as long as you are on title.
Answered on Oct 16th, 2014 at 10:14 AM
Complex Litigation Attorney serving Costa Mesa, CA
at
Thomas Vogele & Associates, APC
Update Your Profile
You are not responsible for the debt, however, if the HOA recorded a lien against the property before your case was filed, that lien will remain attached to the property and must be paid if you sell or refinance the property. Speak with your bankruptcy lawyer to see if there are any grounds to strip the lien. Good luck.
Answered on Oct 16th, 2014 at 10:11 AM
You are responsible for the HOA fees after post petition until the foreclosure.
Answered on Oct 16th, 2014 at 10:10 AM