warrant in debt for HOA fees

[ANEWLIFE]

hello. i was discharged of ch. 7 back in feb. 2008. i let go of the condo. i stopped paying hoa fees couple months before i filed for bankrupcy. i moved to california after bk matter was over. (lived and filed in virginia)
now the hoa sent warrant in debt for accrued condo fee of about $8000 and still growing. i checked that i am still the owner of the home. bank hasn't done anything. for nearly 2 1/2 years... i don't have that kind of money and im still living with very limited income paycheck to paycheck...
they told me to come to court obviously in virginia.
i have no assets for them to take... maybe wage garnishment but i already earn very little. what can i do... i also didn't know i was responsible for hoa fees this long. now i don after searching online about it.
please give me advice as i am having minor heartattacks again just like i did 2 years ago when i was going thru with bk...

one more question, can they freeze a joint account? ( me and hubby) hubby was not inclued in the mortgage or with hoa...

[Bell30656]

These are great questions for a California attorney, first consultation is usually free (and short). HOA fees are a problem since you can't discharge these because they happened since the filing.

[AngelinaCatHub]

IF you gave up the house, the bank is at fault. Being that you stopped paying before you filed, you got your discharge, you did not reaffirm (I assume), the bank did not repo is a technicality. YOU WERE DISCHARGED!!! Plain and simple.

As far as a warrent, this is not a simple matter. Just like getting sued for spitting on the sidewalk, it still costs you to defend a case you would win.

You MUST respond to a warrant. Why were you not arrested???

Send a copy of discharge by registered mail to ALL of the above, the mortgage company, the HOA, the Court and Judge who issued a warrant, etc.

It is not your problem if the mortgage company lost your house. If they wish to give you a clear Deed for the house, then pay the 8K and sell the house. Otherwise it is their error. The FEDERAL COURTS gave you discharge. Plain and hopefully, simple.

'Hub

[AngelinaCatHub]

These are great questions for a California attorney, first consultation is usually free (and short). HOA fees are a problem since you can't discharge these because they happened since the filing.

I strongly disagree: Reason is, if the fees were discharged, the house was not lived in beyond the discharge and abandoned to the mortgage company (I am assuming this) the fees could go on forever and it is not the Op's problem. Let them put a lien on the house owned by the bank. No warrant should have been issued. A subpoena maybe for a suit, yes, but warrant??

This is a civil thing. A warrant should not apply. 'Hub

[powerhead]

Not a lawyer, but I'm pretty sure a "warrant in debt" is just an archaic term for a notice that you were served with. It is not the same thing as a bench warrant, nor could you be arrested for failure to appear in response to a civil action.

[doudis2]

IF you gave up the house, the bank is at fault. Being that you stopped paying before you filed, you got your discharge, you did not reaffirm (I assume), the bank did not repo is a technicality. YOU WERE DISCHARGED!!! Plain and simple.

As far as a warrent, this is not a simple matter. Just like getting sued for spitting on the sidewalk, it still costs you to defend a case you would win.

You MUST respond to a warrant. Why were you not arrested???

Send a copy of discharge by registered mail to ALL of the above, the mortgage company, the HOA, the Court and Judge who issued a warrant, etc.

It is not your problem if the mortgage company lost your house. If they wish to give you a clear Deed for the house, then pay the 8K and sell the house. Otherwise it is their error. The FEDERAL COURTS gave you discharge. Plain and hopefully, simple.

'Hub

I'm certainly not an expert, but I do not totally agree with this post. The way I understand it the debt was discharged, true. However this in no way relives the HOMEOWNER of their responsibilities (liability, HOA fees). I agree it is the fault of the mortgage company for not taking the home out of the OP's name, but that will not help in court. The unfortunate fact is the OP still owns this house per the title, not the bank. The bank can take it any time they like, but they really have been dragging their feet on this lately.

My advice to others in this situation is to keep paying your HOA fees and insurance until the title transfers. Imagine if someone accidentally died on your property (drown in pool or something). This could cost you everything.

In my case I'm in the 60 day club and I left my house in Dec 09 and rented it out. As far as I'm concerned the bank can keep the house in my name for ever. I don't pay a mortgage but I do get paid rent!

BTW - In my county the taxes go with the house so I do not pay those, the bank does. If they don't the county will place a lien on it so they will need to pay them eventually anyway if they ever want to sell the house.

OP sorry for the bad break, I really hope you find an equitable solution and that you post back so others might benefit from your experience.

[HHM]

When it comes to HOA dues and BK, it works like this....

-Past due HOA fees that exist as of the date of filing are discharged in the BK
-HOA fees that come due AFTER the BK is FILED are still the responsibility of the homeowner until the home is foreclosed.

This is actually right in the BK code, 523(a)(16), and very well settled.

Eventually, when the home forecloses, the foreclosing lender becomes responsible to clear that debt, but you have no control over that. Until such time as the title changes hands, the debtor/homeowner is still personally liable for any HOA fees that become due AFTER his BK was filed. Sorry.

[Rick9972]

When it comes to HOA dues and BK, it works like this....

-Past due HOA fees that exist as of the date of filing are discharged in the BK
-HOA fees that come due AFTER the BK is FILED are still the responsibility of the homeowner until the home is foreclosed.

This is actually right in the BK code, 523(a)(16), and very well settled.

Eventually, when the home forecloses, the foreclosing lender becomes responsible to clear that debt, but you have no control over that. Until such time as the title changes hands, the debtor/homeowner is still personally liable for any HOA fees that become due AFTER his BK was filed. Sorry.

This is true. However for my information I like to troll through legal cases and I swear I saw something like this where property was surrendered in BK, but the bank did not claim in a "timely" manner. I did a quick search and did not find anything just now, but I believe there is legal precedent out there for the OP not to be responsible for all of the claimed HOA's dues.

Something for OP to do research on. I will keep looking and see if I stumble across it again.

[Rick9972]