What can I do about past due HOA fees?

I am being sued by my HOA for past dues and I am unable to pay and they keep contacting me on my job after I have asked them to stop. I have asked my bank for help but they said they can’t help until the actual foreclosure is going through then they would normally help.

Asked on November 1, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are being sued by your homeowner's association for past dues you have the option to answer the complaint and defend it, not answer it and be defaulted, or consult with a bankruptcy attorney of your financial situation is so dire that you have many creditors coming after you and you have very little assets to pay them.

As to any money that may be obtained from the foreclosure of the home you are writing about, there is a good chance that it will sell for way less than what is owed on it and the association will get nothing from the sale for past dues.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.