If my condo loan has been discharged in bankruptcybut isstill not foreclosed on, am I obligated to pay HOA dues?

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If my condo loan has been discharged in bankruptcybut isstill not foreclosed on, am I obligated to pay HOA dues?

I’m still living here.

Asked on July 31, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you filed a personal bankruptcy and you received a discharge of your debts as of the date you filed for bankruptcy protection, you are not personally liable for any association dues as of the date of the bankruptcy filing that had accrued.

You would be responsible for unpaid association dues after the filing of your bankruptcy as they continue to accrue since the condominium is still in your name. The property that is subject to foreclosure would have association dues as a lien upon it accruing for each month unpaid in that most recorded "covenants, conditions and restrictions" as to planned unit developments where your condominium is located allow such.

Once you are no longer on legal title to your condominium, your obligation for monthly association dues would end.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you filed a personal bankruptcy and you received a discharge of your debts as of the date you filed for bankruptcy protection, you are not personally liable for any association dues as of the date of the bankruptcy filing that had accrued.

You would be responsible for unpaid association dues after the filing of your bankruptcy as they continue to accrue since the condominium is still in your name. The property that is subject to foreclosure would have association dues as a lien upon it accruing for each month unpaid in that most recorded "covenants, conditions and restrictions" as to planned unit developments where your condominium is located allow such.

Once you are no longer on legal title to your condominium, your obligation for monthly association dues would end.


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