What happens to past due Home Owners Association dues after bankruptcy? 10 Answers as of March 23, 2011

What happens to past due Home Owners Association dues after bankruptcy?

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Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
You are responsible for them until the unit is foreclosed upon.
Answer Applies to: California
Replied: 3/23/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
HOA dues follow the realty so they have to be paid in you want to keep the home.
Answer Applies to: Indiana
Replied: 3/18/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You owe them. The bankruptcy only discharges what you on the date of the petition. The one that come due after you file you have to pay.
Answer Applies to: California
Replied: 3/17/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Past due HOA dues are dischargeable in BK.
Answer Applies to: Washington
Replied: 3/17/2011
The Law Office of John T. MacDonald Jr., PLLC
The Law Office of John T. MacDonald Jr., PLLC | John MacDonald Jr.
If you choose to surrender the property in your bankruptcy filing then it is very important that you list the monies you owe to your HOA on your bankruptcy petition so that you will be able to discharge that debt in the bankruptcy. Failure to list the debt in your bankruptcy petition could cause the debt to survive bankruptcy. If you are surrendering the home and you list your HOA dues on your petition then your HOA dues are FULLY dischargeable in your bankruptcy filing.

HOWEVER one precaution, any HOA dues that are accrued after filing, IE from the time you file your case until the bank takes possession of the home, are technically post-petition charges and the creditor could come after you for those fees. However it is highly unlikely that they do, as the HOA usually gets their fees paid by the bank upon the bank taking possession of the home.

*Retaining the Property:*

If you are filing for bankruptcy and you wish to retain your home then the unpaid HOA dues are non-dischargeable in bankruptcy. That means you will need to pay the owed HOA dues or there is a chance that the HOA will foreclose on your property.

However, it is best to contact a bankruptcy attorney including myself so that the attorney can review your HOA documents for any other issues that may arise. If you need further assistance please feel free to contact me.
Answer Applies to: Michigan
Replied: 3/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You would still owe the home owners association if you keep the home.
    Answer Applies to: California
    Replied: 3/17/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    If you are keeping the property associated with the homeowners dues you may have to pay them. If you are not keeping the property then they will stay with the property unless other is foreclosed upon at which time they will be gone.
    Answer Applies to: New Hampshire
    Replied: 3/17/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    The answer to your question depends on whether or not you are keeping the property that you owe Home Owners Association dues ("HOA dues") on.

    If you are keeping the property, the HOA dues remain a lien on your property. If you are giving back the property, then this lien on the property no longer affects you. You are not personally liable for HOA dues incurred before the filing of the bankruptcy. However, if you continue to own the home after you file bankruptcy, you continue to incur new HOA dues and you will remain personally liable for these dues even after your home is lost in foreclosure. I have seen this happen many times.
    Answer Applies to: California
    Replied: 3/17/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    All depends if they were put in bankruptcy.
    Answer Applies to: Alabama
    Replied: 3/17/2011
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