What to do about past due HOA fees if I filed bankruptcy and it was discharged several years ago?

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What to do about past due HOA fees if I filed bankruptcy and it was discharged several years ago?

I filed and had a Chapter 7 bankruptcy discharged in 2 1/2 years ago. My home is still not foreclosed on and I just received a letter from an attorney for HOA dues. They threatened to lien the property. I don’t have the money and no assets. Should I propose a way to pay it off or just allow them to either foreclose on the property or force the bank to foreclose. I don’t want to remain in the home and just want this behind me. I had no idea that this could happen after the bankruptcy.

Asked on July 6, 2011 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Anything you owe that you have not included in your bankruptcy and any debt incurred after filing bankruptcy are still debts you owe. The HOA can do a lot of things, but if you still have an existing loan on your property, the HOA would stay in a secondor lower position on the tier of debtors. I don't think this soon after your first bankruptcy you would qualify for another bankruptcy. If you don't wish to stay in the home, a foreclosure and lien on your property are just going to lower your credit score even lower than the bankruptcy already did. At this point, if you have no money or assets and if you have a job, consider at least setting up a payment plan for the HOA fees and consider attempting a modification on your home. If you wish to leave, see if you can do cash for keys or a deed in lieu and see if you can wrap the HOA fees into it. Otherwise, you only get rid of the house and the HOA can still sue you personally and take up to in most states 10 years to pursue reimbursement.


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