Yeah me! Receiving $1,500 from HOA for violation of the automatic stay
So, I'm aware that HOA fees when surrendering property is "fuzzy" - doesn't stay with the house like property taxes and usually incurred after filing.
Our HOA bills annually. At the time we filed, I specifically asked my attorney to name the HOA with the amount of the 2009 dues (approximately $1,400) in the bankruptcy. They filed a claim and the trustee denied it and indicated "surrender" (not typical, I guess, but hey, he's the trustee).
The HOA really stepped in it because they kept after me after their claim was denied - my lawyer dealt with them back in the summer of '09. They then sold to a new management company about a year ago. THEY send me a bill for '09, '10, '11 and late fees. Gave them the bk case #, attorney name, "any further attempt to collect this debt will be deemed a violation of the automatic stay" language in email, told them they had my permission to respond that they received the information. They did, in writing. Now maybe I couldn't have gotten away with that if they were billing only the dues that came after ('10 and '11) but they were billing for everything along with late fees. They say, "we understand", 60 days later I get a letter threatening lawsuit.
It all went to my attorney who filed the complaint for violation. Not only did they settle, but my attorney got them to state that we are not liable for any of the past, current, or future dues regardless of when BoA actually forecloses as part of the settlement.
I am so happy that this issue can't come back to me, period. It will the final piece of liability to the house - BoA can take as long as they want now as far as i'm concerned. Last mortgage payment was in February of 2009.
Our HOA bills annually. At the time we filed, I specifically asked my attorney to name the HOA with the amount of the 2009 dues (approximately $1,400) in the bankruptcy. They filed a claim and the trustee denied it and indicated "surrender" (not typical, I guess, but hey, he's the trustee).
The HOA really stepped in it because they kept after me after their claim was denied - my lawyer dealt with them back in the summer of '09. They then sold to a new management company about a year ago. THEY send me a bill for '09, '10, '11 and late fees. Gave them the bk case #, attorney name, "any further attempt to collect this debt will be deemed a violation of the automatic stay" language in email, told them they had my permission to respond that they received the information. They did, in writing. Now maybe I couldn't have gotten away with that if they were billing only the dues that came after ('10 and '11) but they were billing for everything along with late fees. They say, "we understand", 60 days later I get a letter threatening lawsuit.
It all went to my attorney who filed the complaint for violation. Not only did they settle, but my attorney got them to state that we are not liable for any of the past, current, or future dues regardless of when BoA actually forecloses as part of the settlement.
I am so happy that this issue can't come back to me, period. It will the final piece of liability to the house - BoA can take as long as they want now as far as i'm concerned. Last mortgage payment was in February of 2009.
Here you go!!!
December 2011
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