If I surrendered mycondo in bankruptcy, can I still be held liable for HOA fees?
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If I surrendered mycondo in bankruptcy, can I still be held liable for HOA fees?
I received a Chapter 7 discharge and surrendered my condo almost a year ago. I moved out at that time. The bank has not yet foreclosed.Now I have received a $5000 bill from the HOA. Do I really owe this money? The home is technically still in my name since the foreclose has not yet taken place, but I have not lived there since the home was surrendered. I thought that since I surrendered the place that it was no longer my responsibility.
Asked on July 18, 2011 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Foreclure has nothing to do with other debts you may owe on or in relation to the home. So if you owe money for HOA fees, that is not affected by having lost possession of the home. Indeed, since, as you note, the foreclosure has not yet occured, the home is still in your name, and you are still living there, you are continuing to accrue debt for any unpaid HOA fees. Similarly, you may be continuing to accrue tax liability (if you name is still on the tax rolls); utility liability (e.g. gas, electric, water); you're still the one who'd have to pay the homeowner's insurance bills (or if yo don't, will be the one at risk if there is any liability); etc.
Getting back to your original question: foreclosure does not affect other obligations, bankruptcy will only affect those debts existing before or during the bankruptcy, not debts post-discharge.
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