QUESTION
Should I still pay for HOA after the the discharge of chapter 7?
Asked on Nov 12th, 2013 on Foreclosures - California
More details to this question:
Filed for a Chapter 7 February 28, 2013 and discharged July 11, 2013 which included 1st and 2nd mortgage. 1st mortgage granted relief from stay in middle of bankruptcy, but no court records show foreclosure. If they did this, who is now responsible for HOA dues if they acknowledged I'm relinquishing the home? Must I wait for judicial foreclosure? It also appears they sold the loan in June. I'm still paying the HOA dues because title is still in my name - but it appears this could take years. I wondered if I could rent the home to help afford the fees, but another friend stated I gave up ownership in the Chapter 7
2 ANSWERS
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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As long as you are on the title you are responsible for the continuing hoa dues. The bankruptcy by itself does not transfer the title unless the trustee administered and sold the property. So you would still be on the hook for association fees even if you move out until the bank forecloses or there is a short sale. Renting to a third party might be a temporary solution.
Answered on Nov 14th, 2013 at 8:04 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Yes . They can collect post petition payments if you still own the property.
Answered on Nov 13th, 2013 at 7:49 PM