I moved out of the house two years ago and just got a notice for back fees to the homeowners association. I called and they said public record still has us listed as owner of the house. The bank accepted the bankruptcy, so how do I fix this?!?
You are responsible for any Homeowners Association Fees that accrue after your bankruptcy case was filed up until you are no longer on title to the property. Filing bankruptcy does not divest you of ownership of your property (unless your bankruptcy trustee sells the property).
The extent to which you are liable really depends on the laws of your state and the terms of the HOA agreement you signed. In most cases, if you can establish that you were not residing in the property and, therefore, not using the common areas, they may forgive the debt you owe post-bankruptcy.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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