I asked my lawyer what I should do and his response was "my legal is sending you a document that should answer your questions" .... yay.... I can't get any good advice about this... ><
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BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
Scores: EQ 745 EX 704 TU 710 as of 08/15/2012 -
Amy,
when you get the document, can you please post the general advice or thoughts it holds?
This is such an important area, and not all states will be the same, but anything you can add may help others, myself included. If nothing else, it will give us additional ideas.11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--DischargedComment
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It was a useless document... all it said was I'm responsible for the HOA dues after bankruptcy.
I'm really irritated about this .... lol.
This was his reply:
The only other thing I could say is you would do best to cooperate with the lawyers and make payment arrangements.Last edited by Amy26; 03-23-2010, 11:39 AM.BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
Scores: EQ 745 EX 704 TU 710 as of 08/15/2012Comment
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Before you do anything, wait till your property is foreclosed on. Also, your HOA should place a lien on the property so that some money comes there way when the property is sold to a new owner during closing.
Originally posted by Amy26 View PostComment
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Well if anybody is interested in what transpired... I ended up sending an email to the HOA contact. I was a little miffed that they had ignored my attempts to work out payment arrangements with them back in november and december. They were very understanding and are going to make sure the board gets my request to pay them 50 dollars a month in April. Somehow I think they will reject it...but its either let me pay them 50 a month or get nothing...
I even had to deal with them again because my HOA sent out letters about something with the water systems in our condos and they needed us to grant them access this week... I got the letter on Thursday and they wanted into the condo tomorrow or wednesday. My bank sent me a letter back in January saying they were changing the locks and securing the property... so I had to tell the HOA that I no longer have access to the property and he acted like he didn't believe me. So, I had to send them the letter and have him call the bank himself. He said he eventually found someone to help them get in after a long conversation... but was really annoying.
I wish my fricken bank would just take it back already... do you guys think it would be worth it to ask them to do a deed in lieu?BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
Scores: EQ 745 EX 704 TU 710 as of 08/15/2012Comment
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had a condo in Orlando (1 of 1 million folks), had to file bankruptcy due to divorce, job etc. Lawyer never told me that I was liable for post-filing HOA dues. filed in Nov 2008, moved from FL to SC in December 2008 (moved in with my parents due to finances) was discharged in June 2009, and bank took property back in Dec. 2009. Got a collection call in Sept 2010, attorney told me to fax my discharge papers, which I did... got another call last Sat, collection agency says never got my discharge papers.
(NO ONE has told me they are post filing charges... I researched it myself and found out I could be liable.)
I contacted attorney and asked about it, she said "let me check on your liability" If I would have known this I could have rented the place out and at least covered my HOA, the place sat empty for a year. I faxed the discharge papers to the collection agency again this week, I asked the agency when did they get the debt, they said Feb 2010, which is 8 months AFTER discharge, this is what made me research why would they be coming after me ... if the bank foreclosed and took over the property in December it makes sense.... but I was NEVER contacted by the HOA, it went straight to collections and I was never called until Sept????? And I have not received a detailed list of the charges... $6700 is alot of money for 1 year of HOA fees at $206 a month, plus those darn assessments, so the most it could have been was $400 month.
I'm guessing some late fees and legal fees attached to the initial??? I don't know because I have never received a bill, only a collection call and was never advised by my lawyer to pay post filing HOA dues! Do I need another lawyer, and could the bill be reduced.... I already paid one lawyer.
What happens if I don't pay? Can they freeze my bank account or garnish wages? Do I have any recourse to my lawyer for not advising this. I have spent the last 1.5 years rebuilding my life was told I would have a clean slate, and just moved into my own
apartment 6 months ago.... Looks like everything I have worked hard to rebuild is about to crash around me. Please help!
Florida condo -filed 11/08, discharged 6/09 Foreclosed/Bank took prop 12/09 HOA to collections 2/2010
1st phone call from collections 9/2010 Realized I amy be in trouble 12/2010 Attorney advised me I am liable 12/2010Last edited by TeresaS; 12-23-2010, 05:07 AM.Comment
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