HOA Dues and advice on a response?

[Mark80]

I mentioned awhile back that I had HOA fees that are yearly and due in February each year of the upcoming year. Well I filed as many know last year and surrendered my home. My case has since been closed and I am off on my new start. My HOA sent me a letter a few days ago in regards to the fees and want their 320.00 as which since I didn't by on time obviously they added an addition 30 "admin fee" and are adding an addition 10 each month. So right now I owe them 350.00 total. Anyhow I don't live in the home, surrendered it and now legally free from it. However it was mentioned on here that legally your binded to HOA fee's regardless of filing or not.

Anyhow I need to respond and since my case is gone and history I really don't have an attorney for future advice. (it wasn't easy getting a hold of them before)

So what do you guys think I should do? I need to respond, should I play the stupid card and send them a letter with my case information and state I surrendered the home last year and no long reside in the residence? Then just see what they come back with, or should I act like I know i have to pay some, but tell them I will only pay the amount up until the point Citimortgage finally takes the note via forclosure?

Any advice is appreciated,

Thank you!

[fltoo]

I have seen people get nervous and pay them, but the majority of people ignore the bill.

The prop taxes and HOA fees must be paid by someone when the house is sold to pass an unclouded title. Usually the new buyer and lender will negotiate these items.

[Mark80]

So I should just file the bill away and not worry about it? That actually makes sense, I mean at this point who cares. Worst they can do is send it to collections, but it doesn't seem like something that normally would go that route.

[lrprn]

I wouldn't just ignore it if you are trying to rebuild your credit after filing. The HOA will report the delinquency to at least of one of the three credit aencies - this will significantly lower your recovering credit score.

Since this bill does relate to your filing, start with making an appointment to speak to your bk attorney asap. Tell the receptionist you only need 15 minutes of his time. First out where you stand legally, then decide the best way to deal with this issue. Ignoring a fixable problem is almost never the right thing to do.

[fltoo]

So I should just file the bill away and not worry about it? That actually makes sense, I mean at this point who cares. Worst they can do is send it to collections, but it doesn't seem like something that normally would go that route.

Yes, my advice would be to have it go the route of unpaid property taxes on a foreclosed property.

An HOA can put a lien on real property and initiate a foreclosure, but I have never seen one place a judgment, although not saying it cannot happen.

Unless you plan on paying it until the house is sold, only thing to do is ignore it until it is cleared up when the lender sells the property.

I was going to wait to file until my lender had title so that I could discharge all the outstanding fees, but, after much research, I realized the negative ramifications of not paying the fees after BK were almost non existent.