Question including past due hoa fees in bankruptcy

[jennifer212]

hi there,
i live in florida and had fallen behind on our hoa fees due to my husbands business coming to a complete stop, a lien and lis pending was file in 2008 and i have tried to make payments but it doesnt seem to put a dent in the balance we owe because they are charging us a monthly late fee. when i was sending them our stipulation payment they woulod apply the amount attorney and late fees so the balance seems to be getting bigger as i am paying. i was wondering if you can include past due hoa fees on a bankruptcy. this balance is never going to get paid off as long as they continue to add fees each month. i just want to be able to start fresh and put this behind us. i am not having any issues with our mortgage as we were fortunate to have it modified and completed. thanks for your hep

[keepinitreal]

Yes, if you file bankruptcy, you will include past due hoa fees. When your case is closed, you will no longer owe for hoa fees incurred prior to your filing date.

[despritfreya]

In response to:

"Yes, if you file bankruptcy, you will include past due hoa fees. When your case is closed, you will no longer owe for hoa fees incurred prior to your filing date."

Correct, however the OP states:

"a lien and lis pending was file in 2008"

therefore. . .

The HOA lien will survive and, if you want the property, just like the mortgage, you have to deal with it. If you do not, the HOA may exercise its rights to foreclose the lien, as stupid as that may be.

[jennifer212]

thank you so much for getting back to me.
"Correct, however the OP states:

"a lien and lis pending was file in 2008"

therefore. . .

The HOA lien will survive and, if you want the property, just like the mortgage, you have to deal with it. If you do not, the HOA may exercise its rights to foreclose the lien, as stupid as that may be."

once our bankruptcy is complete, does the hoa release the lien and lis pending on file with the court house or does that have to stay on file?

[despritfreya]

I do not know about the lis pendens but the lien, which is consensual, should be released when it is satisfied.