Back Homeowners Association Dues

[justbroke]

How does this work in a 7??

I filed in April 08, discharged July 08, surrender house in BK, received a HOA bill in October (while in the start of the foreclosure process), title transferred to Freddie Mac in January/February, and then received another billing from the HOA for another 6 mos this month.
Why would I be liable for that October billing if I 'gave up' the house? (Which covers 6 months arrears) I figure the worse case..they foreclose (on the bank)?? Or me ?? OR they try to sue me (if they can find me) OR send it to collections (SOL is only for 2 or 3 years, I think)

BTW, this is a great thread. Have been wondering about the hoa thing for a bit.

For you, the debt -- for the six months you owned the home after filing -- is personally owed by you. This is why they billed you. They can sue you for it. Generally, they can't foreclose on the property, because you no longer own it (the property no longer secures that debt).

I would notify the HOA that the home was surrendered in foreclosure and that the home is owned by the Bank and has been since "last year". (Use those words, not the exact month. If they ask, just say you surrendered it in April 2008.)

With any luck, they will go after the bank, and/or the bank will pay all the fees. For some reason, the HOA must still think you own it. Nevertheless you are technically responsible for those fees from the filing date of your bankruptcy to the change of deed.