The same time I fell behind my mortgage I fell behind on HOA dues now I have $10k worth of dues/attorney fees and I’m sued. Am I required to pay?

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The same time I fell behind my mortgage I fell behind on HOA dues now I have $10k worth of dues/attorney fees and I’m sued. Am I required to pay?

I fell behind April 2008 and I tried to make payment arrangements but they would only accept a payment in FULL. Of course I wasn’t able to do it so now my balance is about $10k which MORE than half includes JUST attorney fees. My house is foreclosing am I still liable to pay for this?

Asked on June 15, 2009 under Real Estate Law, Washington

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you are still liable for the back HOA dues.  If you can prove the attempt to make good faith payment arrangements, you might be able to persuade a court to reduce some of the attorneys' fees they are asking for.  A lawyer might be able to help you with this.  One place you can find an attorney is our website, http://attorneypages.com

Reasonable HOA dues are part of the cost of owning real estate in your development.  Foreclosure isn't bankruptcy: it doesn't wipe out debts, it only liquidates assets (your house, the bank's mortgage loan).


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