Should I continue to pay delinquent water and HOA bills attached to a foreclosed home?

UPDATED: Sep 12, 2011

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Should I continue to pay delinquent water and HOA bills attached to a foreclosed home?

My house was foreclosed on 4 months ago. I have delinquent water and HOA bills that I have continued to pay. However, I just learned that these bills were part of the lien on the house and have been sent to the bank for collection. Do I need to continue paying them? Does the collection company have any legal recourse to come after me?

Asked on September 12, 2011 under Real Estate Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you lost legal title to your home several months ago through a foreclosure but are still living in it and receiving the benefit of water and association amenities that have been paid to some degree, you really should continue paying the bills for the time in the unit post foreclosure.

If the bank that foreclosed upon your former property does not pay the liens recorded upon your former unit pre-foreclosure, then you would be responsible for the unpaid amounts assuming the applicable time period to file suit under the statute of limitations has not run.

Potentially the bank can surcharge you for the utilities that you have not paid in your former unit post foreclosure while you have been residing in it.  As to pre-foreclosure amounts owed to to the homeowner's association, the association can assign its claim to a collection company for payment.

Good luck.

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 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.

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