HOA Dues and Foreclosure

[Cash4ever]

We did a Chapter 7 bk and were discharged 11/2009. We surrendered our home. We vacated in Jan of 2010. The Bank has finally foreclosed (sale at court house on 8/29/11) and came out of our names as of 9/12/11. I know that we are liable for the HOA dues until they take the house back. My question is since we only "owned" the home til Sept 12, do I have pay for the remainder of the year? We are in NC and our HOA bills us 2 times a year. Has anyone else experienced this and if so, how was it handled?

[justbroke]

Personally, I'd wait to see what the bank or the purchaser does. I'm assuming that this was a Trustee Sale based on a Power of Sale clause in a Deed of Trust. Once that was purchased and the deed changed, you aren't responsible for the HOA dues. Did the HOA already send the second bill?

[Cash4ever]

Yes they bill in Dec and May. I spoke with the accting mgr when the first bill came. Have not heard another thing until a final notice came in the mail today giving us 15 days to pay the dues and they tacked on a $90 fee. I have placed a call to her again. I understand that I owe for Jan through Aug and the 12 days of Sept. However, since the property changed hands on 9/12, I do not feel that I should have to pay the add'l dues.

[justbroke]

I don't think you're responsible either.

[Cash4ever]

Just wanted to update. I talked with the HOA Mgmt company and explained that the house had finally been forclosed on. The amount we owed was calculated up to the date of deed transfer and we are going to pay it off in installments.