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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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