House With HOA Fees

[nioka]

Got it. Wait for foreclosure before filing for BK.

I have read some articles where people were in their houses for years before they had to leave. In TN we had floods that ruined many houses. One case the house was a total loss and demolished and the owner moved out. The HOA continued to charge her for HOA dues and she is liable for thousands which she continues to fight.

I now know the rule about waiting to file.
However, what is wrong with filing pre-foreclosure, not paying the HOA fees, being discharged, and without the house being foreclosed simply continuing to live there and paying the HOA fee post dis-charge until the mortgage company takes possession. Once a new owner takes possession they become responsible for the HOA fees and the original owner has no further obligation to the HOA.

I pose this question because I have read that many mortgage companies/banks are reluctant to foreclose because of these HOA fees.

Secondly, being able to live in a home for the price of an HOA fee, (mine=$100) is a lot cheaper than any other living quarters. This would also provide ample time to save money without fear or limitations.

[Drazil65]

"However, what is wrong with filing pre-foreclosure, not paying the HOA fees, being discharged, and without the house being foreclosed simply continuing to live there and paying the HOA fee post dis-charge until the mortgage company takes possession"

Many people do this and it is much cheaper, you could go on for months or a few years like this.

[nioka]

Drazil65,

I met with a second attorney today. He told me that the debts including HOA Fees owed at the time of filing were the debts that would be discharged.
(I was under the impression that it was the debts at the time of discharge). I guess this is why some continue to pay the HOA fees until they are evicted.
I also thought surrendering the house meant I would need to move out right away. The attorney said that is not what "surrender" means.

"Many people do this and it is much cheaper, you could go on for months or a few years like this."
This is exactly what he told me. He said that if I so so desired I could stay at the house until the bank does evicted me. During this period were I occupied the house I would be responsible for paying the HOA fees. He also added that after my discharge I could discuss the situation with the bank and said that when the bank realizes I am not moving out they will generally move for evictions.

This attorney said, as many here have stated, that my income, SS and retirement pension, is safe from any legal actions.

When I finally leave here I don't want some collection agency knocking on my door for a $100 HOA fee I forgot to pay. I want it done with.

[LadyInTheRed]

$100 a month in HOA fees is cheap rent while you wait for the bank to foreclose.

[nioka]

LadyInTheRed,

(Love your handle).

I have read many cases where HOA fees were not paid and it ended up doubling and tripling because of fines/penalties and such.

I hope anyone reading this post will refrain from ever buying into an HOA. When HOA's were resident run the worse that could happen was you
had a group of mental Nazi's dictating how their neighbors such live. Now we have corporate run HOA's running HOA communities as a business for
profit. Worse yet is our legislators are backing them with laws that belong to the age of imprisoning those in debt.

(I was obviously confused as to what happens on the date of filing as to the date of discharge).