Can a named creditor have ANY contact?

[Ifonly]

My HOA is driving me nuts. They keep sending me letter threatening actions such as fines for the overgrown grass, turning off the gate keys for not filling out info. forms (we've moved but I still have two more loads of stuff I really need to get).

They are named on my creditor matrix as a creditor and we filed May 10. When I talked to them this morning they said that they have a faxed copy of the BK from my attorney but they "never received" the "official" letter from the court. Um, that's why my attorney faxed you a copy so you are notified.

I think they're so dopey that they won't even put in a claim for the HOA fees which is why they're named as a creditor so I can legally get those to go away. (I'm aware of the deal of if I simply waited for foreclosure that it would be my problem).

Can I have my lawyer sanction them for contact? Or does it specifically have to be contact with respect to the debt?

[Flamingo]

Well, I would get that stuff and get out of there and tell them that you are now represented by counsel and they need to talk to your attorney directly. Provide them again with his name/number. If they still persist, contact your attorney.

[HHM]

HOA's are tricky in BK.

For things like overgrown grass and other CCR violations, yes, they can contact you. The only thing the BK prohibits them from doing is attempting to collect HOA dues and any other fees and penalties that were assessed or due before the date of filing your petition. But if you have ongoing CCR violations, or HOA dues that come due AFTER you filed your BK petition, that is fair game for the HOA.

[Ifonly]

I guess what I find confusing is the aspect that I'm surrendering the home in the BK. My attorney has led me to believe that since I clicked the little surrender box that it's no longer my responsibility. I've left a message already. I'll make certain to talk to him directly and not the paralegal. Thanks!

[HHM]

Until the deed changes hands, you are still responsible to the HOA. However, that doesn't mean you actually have to do anything, but you will have to put up with the calls and the notices. Once the foreclosure is complete, the bank will pay the HOA so it can pass clear title.

[Ifonly]

I'm glad that I insisted that my lawyer put the HOA fees on my creditor matrix. They bill annually for the year ahead so I know I'm not on the hook for 2009 fees.

What they're pursuing right now is the grass being overgrown. I told the paralegal this morning that if they assess me a penalty of $100 and I have to pay the lawyer to defend it (especially since it's murky water at best) then I'm better off figuring out how to get the grass cut. No sense in throwing away money on a principle.

If the HOA would think out of the box, instead of sending nasty letters to homeowners in trouble about their long grass, they would send a letter stating, "hey, we know you're in trouble (have vacated, waiting on foreclosure, etc.). We'll have our landscaper dude cut your grass for $60 a month." They would be more likely to have people pay them that willingly, they could keep the community looking good, and make a little profit to boot. Plus word of mouth is that everyone hates their HOA. Imagine the positive press they would get from a move like that? My HOA was understanding and made something difficult easier.

(sigh) I'll put away my rose colored glasses now.