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HOA Dues After Bankruptcy or Foreclosure

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  • 06-26-2009, 02:14 PM
    KT13
    HOA Dues After Bankruptcy or Foreclosure
    My question involves a foreclosure in the State of: Virginia.

    What are my obligations? I filed bankruptcy and was discharged 3/16/09.
    Foreclosed on my condo and the bank took over the property.
    I paid all condo dues up until the point the property was seized.
    I am getting conflicting advice on whether or not I am required to continue paying this until the property is sold.
    The HOA continued sending me bills.
    They told me that until the public land records show someone else owns the property they will continue to bill me. I faxed them documents showing the bank took over the property. They ended up serving me a warrant in debt for the unpaid dues and refuse to return my calls.

    Additionally, I found out today the property sold on May 20th.

    Does the Automatic Stay protect me from having to pay these dues?
    Wouldn't those unpaid dues be something the bank or new owner be responsible for?
    And, what about my partner - he was also on the deed but did not file bankruptcy - is he still then obligated to pay the unpaid dues IF I am relieved from that debt?
    :confused:
  • 06-28-2009, 09:37 AM
    Mr. Knowitall
    Re: HOA Dues After Bankruptcy or Foreclosure
    The automatic stay doesn't stop debts from accruing. It stops collection activity. If you were contractually obligated to pay your HOA dues up until the time the property was transferred out of your name, then they can seek to enforce the contract. (They could not proceed in relation to any dues that were discharged in the bankruptcy proceeding, but you don't suggest that any were discharged.) If your partner was also contractually obligated to pay the dues, they can go after your partner as well.
  • 06-28-2009, 01:08 PM
    KT13
    Re: HOA Dues After Bankruptcy or Foreclosure
    Does this mean I am obligated to pay until the point that the deed was transferred to the bank OR until the property was sold?

    The property was listed as exempt in the bankruptcy filing but then the bank eventually foreclosed.
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