Late fees on pre-filing HOA debt

[davetedge]

So while I continue to remain in my home awaiting foreclosure, I have been paying all my HOA fees post-filing on time. But the bills that are arriving continue to list the arrears plus a late fee on those arrears. They also have failed to deduct monies paid on my behalf for the rental of my parking space.

I know where I stand on this, having no desire to pay late fees on discharged debt, but I was wondering if anyone else has been through something like this?

I could go the silent route and just ignore the late fees that are accruing unless and until they try to take legal action, or I can write a kind letter to them reminding them that their debt is no longer owed and the late fees are inappropriate. I am 60 days past my 341 and awaiting discharge. No objections have been raised but I'm not quite there yet, so maybe I'm jumping the gun and should wait for the actual discharge before sending any letter at all.

My attorney recommends the silent treatment along with the caution that small groups like HOAs will be unrealistic about what they feel they deserve versus the best deal they can get. Any request like mine will be taken the wrong way. This is NY so the foreclosure might take a while (years) and I do have to talk to the board members from time to time so I prefer to keep things civil.

I am leaning in that direction (silence) but those monthly statements do annoy me.

[btbeme]

You can do so after discharge with a copy of the discharge order listing the HOA fees; however, there is no real harm in reminding them that they are trying to collect a debt that is currently in Ch 7 and therefore they are breaking the law. That is a friendly reminder. A court order can be a less friendly reminder should they want one.

This carries a lot more weight post-discharge, which is likely the reason your atty is suggesting silence until then.

[davetedge]

Yes, I'm definitely waiting till after the discharge order. I'm also going with my attorney's follow up advice to write the letter but not send it, unless they escalate. In this situation, inaction will never cost me. That should take care of my emotional need to be prepared but not stir the pot.

His main point was that I'm about to get a discharge on a lot of money owed, don't try to be righteous about a late fee. Good advice all around.