What to do if we were served foreclosure papersby our condo association for delinquent dues?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if we were served foreclosure papersby our condo association for delinquent dues?

The papers stated that we have 20 days after we were served to respond. That date will be 04/20. What happens if we don’t respond? We are also late on our mortgage payments but have not received a foreclosure notice yet. We cannot pay what we owe on the mortgage or the home owner’s dues as we are barely holding onto our residence. We live in WA and cannot go to HI until after 05/10 as we cannot afford the airfare but a friend can send us then. We understand that we will lose the condo but we want to be able to remove our personal items.

Asked on April 4, 2011 under Real Estate Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Assuming that you legitimately owe the dues and the association has the power to foreclose for nonpayment--and the latter is a safe assumption, since condo association's almost always have this as a remedy (you can check the papers or documents governing the assocation and your unit to be sure)--then if you lose the case, they can take the condo.

2) If you don't answer, you lose by default.

3) While they have to give you a chance to get your personal property out if you are foreclosed on, once you're foreclosed, you'd need to arrange with the association for an opportunity to do this; if they put your belongings in storage, you may need to pay storage charges; and they are not required to hold the belongings indefinitely. If you are not worried about the condo but only about your belongings, you may try to now, in advance, arrange for them to be stored and/or set a pick-up date.

And, of course, the bank could sue you for any money you owe on the mortgage.

You may wish to look into bankruptcy as an alternative.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption