Forgot to list condo assessment on BK paperwork

[tmoschetto]

And I got my report of no distribution on Feb. 21st. I had filed my statement of intention to reaffirm my mortgage, while Wells Fargo apparently isn't doing reaffirms anymore. So, while I fully intend to stay in my condo and keep paying my mortgage that will be discharged God willing when this ordeal is over in April, if I did have to walk away in the future for some reason, am I still liable for the monthly condo association dues because I completely forgot to include them in my initial filing paperwork? For some reason I have in my head that they're automatically included for some reason, I'm thinking maybe I just dreamt that??

[justbroke]

In Florida, you are responsible for condo dues/fees... except that the Bank is responsible for 12 months or up to 1% of the total mortgage balance. I would have listed the Condo Association in the paperwork for good measure anyhow.

[tmoschetto]

Thanks as always JB!!

[justbroke]

The section of the Florida Statutes on who owes the fees is in 720.3085. It's the lesser of the 12 months of fees or 1% of the mortgage value. However, Condo and Homeowner Associations have been known to pester the current owner as indicated in the county assessor's records. So, you may not be technically responsible, but you could be bothered about it.

Alas, the bank is only responsible, under F.S. 720.3085, for the 12 months immediately preceding the foreclosure. So, if they take 2 years to foreclose and you moved out 2 year prior, you could be responsible for one of those year's worth of fees/dues.

[tmoschetto]

Very good to know JB. Thanks for the F.S. reference (printed this out for my BK paperwork file, just for future reference). Really am hoping to remain here, but it's nice to have a Plan B worked out in advance.

[bellessima]

Association dues and possible no ride thru

In Florida, you are responsible for condo dues/fees... except that the Bank is responsible for 12 months or up to 1% of the total mortgage balance. I would have listed the Condo Association in the paperwork for good measure anyhow.

If you are current on your dues and the bank will not accept a ride thru then we will be forced to move.

How would I list the association amount for dues now...{at time of filing} that I will not be paying, if the bank is forcing me to leave?
Az filing 7 pro se
Merci

[justbroke]

How would I list the association amount for dues now...{at time of filing} that I will not be paying, if the bank is forcing me to leave?i

I would list association dues on Schedule D as a Secured Creditor with the property being the security. Let me qualify that statement. For Florida, the association fees and dues are statutory liens, so that's why it gets listed on Schedule D. If you're in a State in which association fees/dues are not Statutory, then you'd list them as unsecured creditors, unless they already have a judgment and filed a lien.