Should I pay HOA Fees after filing

[spearmint]

I'm about to file a 13 and my attorney told me I could get rid of all back dues owed prior to filing but any incurred after filing will be my responsibility to pay.

I'm just curious about liens, though. Will the HOA put a lien on my property even though I get rid of the back dues in bk? What will happen if I try to sell the property in the future?

[iggy]

Should I pay HOA Fees after filing

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We filed BK on 4/9 at which time we were a couple months behind on our monthly HOA fees. We are giving up our house. Our lawyer told us that we can get anything that we owed to the HOA before the filing discharged, but we would be responsible for any HOA fees that accrue after the filing and before the house is sold in foreclosure. He wouldn't elaborate any more on what being responsible for these fees meant or what the repercussions might be for not paying during this time period? He just said that we needed to pay for them.

I don't understand what the HOA can do to us if we are already filing BK and giving up our house? Put a lien on our house?

If they put a lien on our house, what does that mean to us at this point? I've read that if there is a lien on the house, then the person or entity who eventually buys the house on the foreclosure auction, many times, will have to pay off the debts incurred to the HOA in order to get them to release the lien? Is anyone familiar with this? And, if that is the case, I've also read that this delays the sale of the house longer because of the paperwork involved in that process in which case, just gives us longer to stay in the house which, to me, is an argument for NOT paying the HOA because it could potentially buy us more time to stay in our house, which is ultimately what we're trying to do to save money for our next place. Or, am I missing something with my logic?

Answer to above:
I'm having the same problem even when I surrendered the property thru BK7, it looks like the only way out of this is to deed the property over to the Association right after you filed, that way you won't have "legal ownership interest" in the property, make sense?

[espo1357]

Should I pay HOA Fees after filing

--------------------------------------------------------------------------------

We filed BK on 4/9 at which time we were a couple months behind on our monthly HOA fees. We are giving up our house. Our lawyer told us that we can get anything that we owed to the HOA before the filing discharged, but we would be responsible for any HOA fees that accrue after the filing and before the house is sold in foreclosure. He wouldn't elaborate any more on what being responsible for these fees meant or what the repercussions might be for not paying during this time period? He just said that we needed to pay for them.

I don't understand what the HOA can do to us if we are already filing BK and giving up our house? Put a lien on our house?

If they put a lien on our house, what does that mean to us at this point? I've read that if there is a lien on the house, then the person or entity who eventually buys the house on the foreclosure auction, many times, will have to pay off the debts incurred to the HOA in order to get them to release the lien? Is anyone familiar with this? And, if that is the case, I've also read that this delays the sale of the house longer because of the paperwork involved in that process in which case, just gives us longer to stay in the house which, to me, is an argument for NOT paying the HOA because it could potentially buy us more time to stay in our house, which is ultimately what we're trying to do to save money for our next place. Or, am I missing something with my logic?

Answer to above:
I'm having the same problem even when I surrendered the property thru BK7, it looks like the only way out of this is to deed the property over to the Association right after you filed, that way you won't have "legal ownership interest" in the property, make sense?

How did you make out?
I am in the same spot, but in a 13, and I think your logic makes sense, that it would be harder to sell the home with more HOA fees. I think they would just put a lien on the property, and that's it. I am going to talk to my attorney and see if they can add the HOA in the plan.