Will the HOA sue me?

[tknj99]

HI All,
I know that maintenance fees after filing are my responsibility and although I am surrendering my primary res, i am still paying HOA here. My question arises for 2 rentals that I am surrendering that have been in foreclosure for over a year.

Now that the past dues will be discharged, what are the chances that they would try to sue me personally for the dues between discharge and when the title goes back to the bank? (This gap can be several months or more)
Does anyone have any experience with this? I would think that they would rather try to get 12 months worth of dues from the bank instead of bother trying to sue me... but not sure on this..
Fyi - one of the rentals is sched for auction in mid Oct and so was they other until Chase issued a cancel request for sale citing that loss mitigation dept wants to work with me in the paperwork-- what a joke..

Thanks for the help

[BROKEDED]

The main factors would be: How strict are the Board members? How much are the dues? How many houses in the neighborhood? More than likely they'd just keep adding dues, late fees and attorney fees until their threshold of issuing a lien was met. If the HOA forecloses on the property before the bank does, then the bank will probably just pay off what's owed to get the title back. If the bank beats the HOA to the draw then the HOA will more than likely end up eating the loss.

If you feel you can talk to your Board members then I would explain to them your situation and let then know that you WILL NOT be making any further Dues payments and that you are simply trying to save them attorney costs until the bank forecloses. Even if your HOA is managed you can talk to the Board and they can instruct the management company to not pursue any further legal action.

I'm the President of our HOA and I wished several times that homeowners would have clued me in which would have also saved them the hassle and aggrevation of getting warnings and the HOA the cost of certified mailings, title searches, and attorney fees.

[tknj99]

Thanks for that info..
I did some more research last nite and found that in FLorida the statute regarding wage garnishment prevents wage garnishment for Head of Household. So with that being the case, I think after discharge I'll call these HOA and give them that info in hopes that they realize that suing me would be futile.
Also i believe in FL, after the bank takes title, they are responsible for 12 months worth of back-dated maint fees..

[tobee43]

HI All,
I know that maintenance fees after filing are my responsibility and although I am surrendering my primary res, i am still paying HOA here. My question arises for 2 rentals that I am surrendering that have been in foreclosure for over a year.

Now that the past dues will be discharged, what are the chances that they would try to sue me personally for the dues between discharge and when the title goes back to the bank? (This gap can be several months or more)
Does anyone have any experience with this? I would think that they would rather try to get 12 months worth of dues from the bank instead of bother trying to sue me... but not sure on this..
Fyi - one of the rentals is sched for auction in mid Oct and so was they other until Chase issued a cancel request for sale citing that loss mitigation dept wants to work with me in the paperwork-- what a joke..

Thanks for the help

i believe broke is correct...it really depends on your hoa...i know ours tries to HELP people get out of foreclosure and let the HOA fees go...but then our president is really great and hopes to help many out of this mess.

interesting what you said about chase...we left our house in another state .....listed the foreclosure docket number...checked surrender...haven't been there is over 2 years....and now they also reached out to us the loss mitigation dept. wanting to know if we want to reaffirm....not only a joke...but i said to her...and where were you during the bk...our atty number was right there...not only that we already went thru loan mod was denied and you right in the middle before we even knew we had been denied SERVED us with summons of foreclosure and NOW you want to talk...NOT!

we have offered the a warranty deed and general release to just turn over the deed and clear the title...nothing. it's just a waste.

anyway...i think once again it will depend on your hoa...i would speak with them and see what can be done.

[scorpion35]

Thanks for that info..
I did some more research last nite and found that in FLorida the statute regarding wage garnishment prevents wage garnishment for Head of Household. So with that being the case, I think after discharge I'll call these HOA and give them that info in hopes that they realize that suing me would be futile.
Also i believe in FL, after the bank takes title, they are responsible for 12 months worth of back-dated maint fees..

prevents wage garnishment for 6 months only

[tknj99]

Scorpion35,
6 months is regarding minies deposited in your bank account. But from what ive read of the statute, all wages are exepmt as shown below in addition to anthing deposited in your bank acct for 6months.
So.. the head of household would simply avoid depositing wages after 6months:

77.041 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing.--

State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption and Request for Hearing. This list does not include all possible exemptions. You should consult a lawyer for specific advice.

I claim exemptions from garnishment under the following categories as checked: _____ 1. Head of family wages. (You must check a. or b. below.)