HOA Debt After Foreclosure

by zand
(California)

I live in California. I filed Ch.7 a year ago. I have paid neither mortgage nor HOA for more than a year. Thus I owe post-petition association fees. I have tried to modify my loan on this 2nd rental property, but I feel that I may have to let this home go either through foreclosure or short-sale. I do not know whether I have to pay post-petition association fees that will exceed $3000 by the foreclosure or short sale date.

This is going to be a real hardship, since the property has been vacant for a year, know. What are the chances that the Association may file a deficiency judgment after foreclosure or short-sale? Thanks.

Comments for HOA Debt After Foreclosure

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Aug 31, 2010
hoa dues
by: Gerri & Mary

Unfortunately, we can't speculate on what the association board is likely to do to collect the delinquent dues.

It sounds like you could have several potential problems on your hands: these dues, a potential deficiency judgment on the condo, and perhaps even a tax bill for any canceled debt. It's too bad this wasn't taken care of in your bankruptcy but now you'll just have deal with things as they are.

We would recommend you go back to your bankruptcy attorney and find out what your options are for dealing with this property if it goes into foreclosure. Your attorney should be able to advise you on how to handle the HOA dues as well.

Good luck. We hope you're able to find a way to resolve this.

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