Is it possible to work out a payment plan for the HOA dues now or is it too late? 7 Answers as of February 14, 2014

I am delinquent on my HOA dues for over $4,000. I lost my job in 2010. My unemployment check was slim so I had to use my 401K to help me with the mortgage and utilities. I was so focused on keeping a roof over my head that I neglected my HOA dues and paid them when I could. Now, they've filed a petition against me in court. I just worked out a loan modification on my home and I would hate to lose my house now.

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Patrick W. Currin, Attorney at Law | Patrick Currin
I represent HOAs and the main thing that they want is a promise to pay. I have had homeowners declare BK and have the HOA get next to nothing since the home had no equity. In this situation, the HOA should definitely work with you.
Answer Applies to: California
Replied: 2/13/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Its possible.. CALL THEM AND ASK.
Answer Applies to: Michigan
Replied: 2/14/2014
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
You can file a Chapter 13 bankruptcy, with the intent of catching up the HOA arrears through the Chapter 13 Plan over a 3-5 year period.
Answer Applies to: Oregon
Replied: 2/13/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
You may be able to do that if they will work with you. You might also talk with a bankruptcy attorney to find out if the past dues are dischargeable and what the consequences would be. The attorney would need to review all the relevant documents to answer this question accurately.
Answer Applies to: Arkansas
Replied: 2/13/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
HOA can foreclose ahead of the mortgage so you would have to either work out a payment plan with them, or you can file a chapter 13 to pay them in a bankruptcy plan and keep the house.
Answer Applies to: New York
Replied: 2/13/2014
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    The word "Petition" is unclear. They can file a "Lis Pendens," and a "Complaint" in either the "Law" or in the "Equity" Courts. I recommend taking the paperwork to an attorney before your time to plead expires. I also recommend contacting the association attorney to try to work out an installment agreement.
    Answer Applies to: New Jersey
    Replied: 2/13/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    A creditor is generally not required to settle or offer a payment plan (hospitals are an exception by statute). If necessary, you can file a Chapter 13 and force your creditors to accept payments.
    Answer Applies to: Illinois
    Replied: 2/13/2014
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