Can a quitclaim deed negate owing any future HOA dues before a home foreclosure? 7 Answers as of May 24, 2011

If a husband and wife divorce was discharged in October of 09 and Bankruptcy was discharged in June of 09 and home was included in the discharge, can a quitclaim deed negate owing any future HOA dues before the home forecloses?

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Law Offices of Michael T. Krueger
Law Offices of Michael T. Krueger | Michael Krueger
This question is becoming more and more relevant as HOA dues are represented in the 341 meeting. The question is, who are you is the recipient of your quitclaim? quitclaiming back to the bank won't work. I have seen HOA dues accrue where the owner was liable for the dues even after the home had been foreclosed.
Answer Applies to: California
Replied: 5/24/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
No. A quitclaim simply transfers whatever interest you had, but does not absolve you of any liability that would otherwise exist.
Answer Applies to: California
Replied: 5/23/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If the bank or whoever chooses to accept the quit claim deed and it is recorded, then the person quitclaiming the interest would be off the hook for the future HOA dues.
Answer Applies to: Indiana
Replied: 5/20/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
I am asked this at least once a week.... the answer is no. You owe post petition HOA fees until the time of the foreclosure.
Answer Applies to: California
Replied: 5/20/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A quitclaim deed doesn't necessarily relieve you of the HOA dues. There are special provisions in the bankruptcy code that benefit the HOA. One provision says the HOA is entitled to payment until the foreclosure is completed. That is the safe position. Can't the holder of the quitclaim deed pay the HOA dues?
Answer Applies to: California
Replied: 5/20/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Possibly. Home Owners Association dues owed in the future can be assessed against the owner of the property after bankruptcy before the property is foreclosed upon. Feeding the property out of your name can protect you from owing additional dues.
    Answer Applies to: New Hampshire
    Replied: 5/20/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    No. A quitclaim only waives any interest the person who issues the quitclaim has in the property. It doesn't remove liens.
    Answer Applies to: California
    Replied: 5/20/2011
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