When to stop paying HOA dues

[Beach Bum]

Ok, so we're almost 90 days past due on our payments so I'll be expecting the NOD soon.
My question is when should we stop paying our HOA dues?
We're actually already behind a couple payments. Should we catch up with those and then let it lapse after the auction?
What should we do? I don't want to screw our neighbors but doesn't the past due payments get tacked on to the new buyer when they buy it from the auction or bank?
Confused?

[HHM]

The HOA dues that were past due before you filed BK are discharged...but the dues that come due after you file are not discharged (so long as you have an ownership interest in the home). (Section 523(a)(16))

It is true, that HOA can place a lien on the home, but in this market, doing so is usually pointless. I am not sure of the HOA lien survives the foreclosure, but that is a hyper-technical point in secured interest law (and I don't feel like researching it )

As far as what you should do...if some of the past due payments arose after you filed BK, and you don't want to hassle with that debt following you around, then go ahead and pay them. Otherwise, the debt will linger and will probably go to collection at some point. (but usually not much comes of it).

[Beach Bum]

Ok. Say I catch up.
When do I stop paying them between now and when the house goes into foreclosure? Up until I get the Notice of Default? Up until the auction? Or when we actually move out?

[Beach Bum]

Also, how does it go to collections? They don't have my social security number just name and address.

[HHM]

1. You are liable for HOA dues until the house is no longer legally yours, i.e. the auction date.

2. As for collections...that is what skip-tracing is for. But like I said, most HOA's are not very aggressive about individual collections.

[ohwell]

Don't want to hijack, but to clarify HHM, HOA dues after we file(I filed 9/1) we have to pay until the house is sold? or when we are given the NOD?

Our court date for the lift of stay(due to the mortgage being unpaid since March) is next week, we are not attending due to surrendering the home.

My atty didn't say anything to me about this issue.

I am hoping the home goes up soon, it should be sold right around when the discharge happens(or should I say if?)

[HHM]

Don't want to hijack, but to clarify HHM, HOA dues after we file(I filed 9/1) we have to pay until the house is sold? or when we are given the NOD?

Our court date for the lift of stay(due to the mortgage being unpaid since March) is next week, we are not attending due to surrendering the home.

My atty didn't say anything to me about this issue.

I am hoping the home goes up soon, it should be sold right around when the discharge happens(or should I say if?)

The date you are no longer liable for HOA dues is the date the house is no longer deeded in your name, i.e. the sale date of the auction. The only time the deed is changed is at the date set for auction...at auction 1 of 2 things will happen. (1) someone actually bids on the property and takes ownership (2) no one bids on the property and the house is taken by the bank as a REO.

So for example, you filed 9/1/07, if the auction date is set for 2/1/08, you would be liable for apporximately 5 months of HOA dues.

[ohwell]

Thanks HHM, our HOA (there are 2) are pretty aggressive, I have gotten notices from the law firm representing them re: the outstanding dues prior to us filing.

Since our NOD was 7/27, and the automatic stay will be lifted next week, I would assume the home is going up for auction pretty soon. We are in Ca.

[gunner01]

[QUOTE=HHM;114866]The date you are no longer liable for HOA dues is the date the house is no longer deeded in your name, i.e. the sale date of the auction. The only time the deed is changed is at the date set for auction...at auction 1 of 2 things will happen. (1) someone actually bids on the property and takes ownership (2) no one bids on the property and the house is taken by the bank as a REO.

Does this also apply when you have surrendered house in BK?

[tobee43]

[QUOTE=gunner01;465092]

The date you are no longer liable for HOA dues is the date the house is no longer deeded in your name, i.e. the sale date of the auction. The only time the deed is changed is at the date set for auction...at auction 1 of 2 things will happen. (1) someone actually bids on the property and takes ownership (2) no one bids on the property and the house is taken by the bank as a REO.

Does this also apply when you have surrendered house in BK?

yes.....you will owe the HOA dues until the foreclosure is completed and your name is removed from the deed. that could in today's economical climate take some time...so be prepared to be responsible for the dues up until that time...unless you have an excellent relationship with the HOA and can work something out with them.

[nomore008]

Our attorney said we didn't have to pay any more HOA dues. We surrendered our home and did not have any HOA past due at the time.

[tobee43]

Our attorney said we didn't have to pay any more HOA dues. We surrendered our home and did not have any HOA past due at the time.

at that time maybe all past DUE HOA dues are included in the bk....however, until the property changes title you are responsible...tell him I SAID SO...LOL!!!

really you are until the sale of the house or condo.

[limage]

I stopped paying my HOA dues before I filed and haven't paid since. I filed after the HOA put a lien on the condo, so then it was secured by them so I could surrender it to them. Problem solved

They foreclosed about 5 months after my discharge. I think now the bank has to foreclose on them.

I used to care!

Seriously, I would not listen to the advice that you should pay the HOA. The law is so vague on this issue....I would only pay if you want to keep the place. If you can't afford it, well, um you can't fudging afford it!

[nomore008]

Seriously, I would not listen to the advice that you should pay the HOA. The law is so vague on this issue....I would only pay if you want to keep the place. If you can't afford it, well, um you can't fudging afford it!

I can't afford the HOA any more. We are moving out of the home and renting a 1 bedroom apartment, which is so much closer to where I work. I am not sure what to do with the electricty and water. I just want to get this whole thing over with. We probably wont be discharged till 12/15.