QUESTION

If you filed bankrutcy in PA and live in texas now and the bank did not put the propertey in their name yet can HOA make you pay the dues

Asked on Jun 30th, 2013 on Bankruptcy - Texas
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1 ANSWER

J. Thomas Black
Unfortunately, the Bankruptcy Code now provides in Section 523(a)(16) that HOA fees are not discharged for time periods after the bankruptcy, and so long as the debtor (the person that filed bankruptcy) has a "legal, equitable, or possessory interest" in the home. The amount that you owed in HOA fees when you filed bankruptcy can be discharged in bankruptcy but the amounts that accrue after the filing are not discharged, so long as the title to the home is in your name, or you live there, or you have an "equitable interest" in the home. This has become a big problem for some people. We are calling them "zombie houses" because they keep coming back. Mortgage companies used to foreclose on houses quickly, but particularly in Northern states, it can take a long time and be expensive to foreclose on a house. We are recommending to many of our clients that they try for a "short sale" to at least get the house out of their name, so that they don't incur any additional expense for HOA fees, taxes, or fines or municipal tickets for not doing maintenance on the house.
Answered on Jul 01st, 2013 at 3:49 PM

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