Am I responsible for making HOA payments until foreclosure is over and done with?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I responsible for making HOA payments until foreclosure is over and done with?

I just gave the back my house to the bank and am waiting for them to start foreclosure proceedings. I have no idea how long they are going to take. I want to know if I am still responsible to pay the monthly fees until the foreclosure process is all over with?

Asked on December 4, 2010 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Virtually all HOAs are legally permitted to place a lien on the property once dues fall delinquent by a certain time period (e.g. 90 days).  However, this lien is placed against the home itself, not a homeowner's personal property, wages, or bank account.  Prior to a foreclosure sale, the HOA may require the lien to be removed before the title to the property can be transferred to a new buyer.  This means that either the bank or the next buyer would have to pay the lien off to close on the property. 

You should be aware however, that it's totally in the bank's own discretion whether (or when) it tries to sell your former home.  In many instances, it doesn't even attempt to resell for months or even years after the foreclosure.  And the bank may do nothing to pay off the delinquent dues until it has to (i.e. when escrow closes on its resale of the property). The HOA doesn't care who pays these past due fees - the bank, the buyer, or you.  The fact is that, under the terms of many HOA agreements, the HOA may pursue collection efforts against you and you alone in a situation such as this. 

So bottom line, paying any lien that may be filed against the property is no longer your responsibility because the bank will deal with that.  However, the HOA can and may pursue you for the delinquency personally, if it chooses to do so before someone else pays it.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption