QUESTION
Can an HOA foreclose on your home if you pay the HOA fees?
Asked on Mar 29th, 2018 on Foreclosures - Texas
More details to this question:
The HOA is threatening foreclosure on my home with a summary judgement set for next week. I have not paid the HOA dues for several years. If I can come up with the money to pay the dues before next week and pay them, can they still foreclose on my home? The lawyers fees associated with this exceed the HOA dues at this time. Also, do I have to go through the HOA's lawyer to pay the dues? He is threatening that if I pay the HOA direstly, then I will have increased further bookkeeping fees.
1 ANSWER
Min Gyu (Peter) Kim
If you are able to pay the dues owed per the lawsuit then yes, the foreclosure will stop. In regards to the atty fees, unfortunately the hoa lawsuit result in owing their atty more then what is actually owed to the hoa. Under Texas property code how atty can recover there fees and made part of what is owed to the hoa. Please keep in mind the hoa atty HOA represents the hoa so the payment would have to go through the atty.
If the amount is too much or the payment plan to large to pay off, you may want to consider a bankruptcy. In a chp13 bankruptcy you will pay the hoa back what is owed but spread out in a period of 3-5 years. You can also address all your other debts (which depending on your income you may potentially eliminate or pay a percentage back). Also, in unique circumstances where the value of the home is less then the amount owed to your mortgage co, you may also could get your hoa dues owed prior wiped away.
The 1st consultation is free over the phone or at either of our 2 offices here in Houston TX
Answered on Apr 01st, 2018 at 10:35 AM