Can I stop paying the homeowners fee even though I would be in the condominium and moving out for about 3 months? 20 Answers as of February 20, 2014

3 and 1/2 years ago, I declared bankruptcy and list my condominium in the BK. I can no longer make the payments. I want to just walk away and let it go into foreclosure because the loan is upside down.

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You are responsible (liable) for all post petition Homeowner's Association dues, until the condo is foreclosed upon.
Answer Applies to: Colorado
Replied: 2/20/2014
Stephens Gourley & Bywater | David A. Stephens
Homeowners fees incurred after you file your petition are not discharged by the bankruptcy. Thus, not paying them may leave you open to a lawsuit.
Answer Applies to: Nevada
Replied: 2/20/2014
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Pursuant to 11 USC Section 523 a homeowners or condominium fee is non dischargeable. What this means to you is that the condo association fees you owed prior to filing your case are discharged but any fees due after you filed your case are not discharged. Not all condo associations know this, but they could come after you for these fees if the choose to so be careful. My advice would be to continue paying these fees until the unit belongs to someone else.
Answer Applies to: California
Replied: 2/19/2014
Marc S. Stern
Marc S. Stern | Marc S. Stern
Do not move out. Failure to pay the HOA dues that are post-petition (after bankruptcy) will create a new liability that was not discharged in the bankruptcy. Stay in the condo, pay the homeowners dues and wait for the foreclosure. Bank the extra money. It may take a year or more for the lender to foreclose. You do not need the additional liability for the HOA dues and rent. Save the rent and wait until foreclosure.
Answer Applies to: Washington
Replied: 2/20/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Because the HOA dues accrued after you filed the bankruptcy, you are still technically responsible to pay them as long as you are the owner of this property. However, in many instances, the HOA will not seek payment from you personally but will place a lien on the property.
Answer Applies to: Nevada
Replied: 2/20/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You are liable for all post-petition assessments due to your home owners' association. You should continue to pay your HOA assessments and maintain liability insurance until you are no longer on title for the property (wait until the conclusion of the foreclosure process).
    Answer Applies to: California
    Replied: 2/19/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    You remain liable for the post bkry HOA fees.
    Answer Applies to: New York
    Replied: 2/19/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Did you reaffirm your mortgage in the bankruptcy? If you did then you are obligated to pay it in full. If you did not (hopefully you did not!) then you can walk away from the loan. The HOA fees, however, will likely remain your personal obligation not only until you move out, but until you either sell the property or until the lender takes title by way of foreclosure or by accepting the deed back from you in lieu of foreclosure.
    Answer Applies to: Colorado
    Replied: 2/19/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    You will still be responsible for condo fees that have accumulated since BK until the bank sells the house which could be years. My suggestion is not to pay the mortgage or rent and just pay the condo fees and continue living there until the house is sold and they have also gotten an unlawful detainer judgement against you.
    Answer Applies to: California
    Replied: 2/19/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You are personally responsible for the HOA dues AFTER the date of filing. Those due before filing are discharged, but the rest are not. The house being under water means you personally are the only way for the HOA to collect.
    Answer Applies to: California
    Replied: 2/19/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    Legally, you are responsible for the condo dues after the filing date of the bankruptcy. You should check the status of the foreclosure to see when the bank will take over ownership. Only then will you not be required to pay the association dues. This is only general information. You should get a lawyer to review all of your options, and discuss your full situation.
    Answer Applies to: Illinois
    Replied: 2/19/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    You would owe the HOA for any dues incurred after the date of your bankruptcy, and if they were not able to get all the money owed from the foreclosure sale, they could sue you for the deficiency. It is in your interest to get it out of your name as fast as possible, so talk to the mortgage lender about taking it back as fast as possible.
    Answer Applies to: Oregon
    Replied: 2/19/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Sure you can walk. But since you can't declare bankruptcy for another 3.5 years, it is possible that the people that you owe will come after you for a deficiency, including the condominium association.
    Answer Applies to: Idaho
    Replied: 2/19/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes if you do not intend on keeping the condo you may cease paying the hoas. However, note that unlike many other debts the hoa fees you incur post bk filing are collectible against you. Normally they just lien the condo but they do have the right to collect against you personally.
    Answer Applies to: Nevada
    Replied: 2/18/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You are responsible for the HOA fees as long as you live in it. It could take a long time for the foreclosure. In California you can live there without paying the mortgage for at least 120 days and most likely much longer than that.
    Answer Applies to: California
    Replied: 2/19/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    The condo fees are post-petition debt, so you have to pay them until they take the condo back, and certainly while you are living there. Case law is very clear on that. Whether your condo association will go after them or not, depends on how aggressive they are, most do go after them.
    Answer Applies to: Michigan
    Replied: 2/19/2014
    Danville Law Group | Scott Jordan
    No. As long as you are the titled owner of the condo, you are responsible for the HOA fees.
    Answer Applies to: California
    Replied: 2/19/2014
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    Home Owner Association (HOA)?fees are a little quirky when it come to Bankruptcy. A Bankruptcy only discharges debts you incurred prior to filing bankruptcy and does not cover post Bankruptcy debts. HOA fees are accessed based on who owns the home at the time the fees are accessed.?If you still own the home, meaning the bank has never gotten around to foreclosing on the home, then you can be held liable for the fees that were accessed after your bankruptcy. If you did not reaffirm the mortgage, my advise would be to stay in the home until the bank forecloses but keep paying the HOA fees. Once you quit making the mortgage payments, the bank should start the?foreclosure process but it would take 2-6 months and in the mean time, you should be saving money by not making the mortgage payments.
    Answer Applies to: Georgia
    Replied: 2/19/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    You will be liable for condo fees and the loan payments.
    Answer Applies to: Missouri
    Replied: 2/19/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You will still be liable for the HOA fees regardless of the bankruptcy. All fees that have accrued after the bankruptcy filing will still be due. Usually a foreclosure will pay off those fees but if they don't you will still be liable.
    Answer Applies to: New York
    Replied: 2/19/2014
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