What to do if I have a condo that I let get foreclosed on and the bank was supposed to auction it but they never did so now the HOA wants the past due monthly fee’s?

The auction was to have been 2 months ago. I already filed bankruptcy back 8 months ago and have been discharged. I do not want the condo but the bank will not take it back nor can I rent it out because of the association rules. The homeowners association want to take me to court so they can foreclose on the property. They want to auction it off with hopes of buying it. I want to know if they do that will that pay off my late dues that’s owed to them?

Asked on January 18, 2013 under Real Estate Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I suggest that you work with the HOA with respect to the matter you have written about in that much of the dues owed for the unit were presumably discharged in the bankruptcy. Since the lender does not want to foreclose on the unit, I suggest that you let the HOA sell the unit at auction and see if the lender steps up before the sale to foreclose and wipe out the lien of the HOA.

I suggest that you further consult with a real estate attorney as to the matter you have written about for further guidance in working with the HOA.

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