If I do not pay my homeowners dues, does the HOAhave a legal right to foreclose?

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If I do not pay my homeowners dues, does the HOAhave a legal right to foreclose?

I went through a bankruptcy about 5 years ago. My home was included in the bankruptcy. We still have ownership interest in the home but no obligation to keep it.

Asked on March 4, 2011 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The bankruptcy should have discharged any pre-existing debs to the home owners association for dues not paid up to the time of filing. However, it will not affect dues do after the bankruptcy filing. If you still owe the home, you have a continuing obligation to pay your HOA dues. If you do not, they may indeed be able to foreclose, if the HOA agreement or other documents which you are subject to vis-a-vis the home owner's association gives them that right, which is very common. Once someone else owns the home, if anyone else takes it by sale, by foreclosure, receives it in bankruptcy, etc., it will be that person's obligation to pay the HOA dues; but until that happens, as long as you own it, it's your obligation and the HOA may take action if you do not pay.

 


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