Am I personally responsible for fines from myHOA if I lose my home to foreclosure?

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Am I personally responsible for fines from myHOA if I lose my home to foreclosure?

I am being sued by my homeowners association for fines that have accrued for incomplete landscaping of my home. Due to unemployment, I haven’t been able to complete the landscaping and may be in danger of losing my home to foreclosure. If I do lose my home, would the fines be tied to the property or would I still be personally responsible?

Asked on November 22, 2010 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, you will be personally responsible for them. The debt is yours; the ability of the association to foreclose on the property if you are in default is simply a mechanism or means they have of satisfying the debt. If it's the association foreclosing, assuming that the value of the equity in the property--after also paying any mortgages, tax arrears, etc.--exceeds the value of the debt, then foreclosing on the property should result in satisfying the debt. However, if the debt will not or cannot be satisfied by the foreclosure (e.g. it's the bank foreclosing, for not paying a mortgage; and the value of the property and size of the mortgage is such that there won't be anything left after selling the home and applying the proceeds to the mortgage to then pay off the association's debt), the association would have the option of proceeding directly against you for the money owed.


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