If I am short-selling a house do I need to continue paying the HOA fees?

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If I am short-selling a house do I need to continue paying the HOA fees?

I stopped paying the HOA fees on my house when the short-sale process started. Then 7 months later the sale fell through. The HOA filed a lien and sent the outstanding fees and additional “legal fees” to a debt collection lawyer. Do I need to pay the HOA fees during the short-sale process?

Asked on December 12, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want to have the short sale of your property go through as smoothly as possible, you should pay the HOA fees in that there will be one less issue as to the recorded liens on the property that you want to sell to resolve.

Technically, you would still be personally liable for the unpaid HOA fees that are incurred during the period that you are still on record ownership of the parcel that is desired to be sold as a short sale. These fees do not get written off in the event of the sale of your property. The HOA can still sue you personally for these fees later on.

I suggest that you consult with a real estate attorney regarding any additional questions that you may have concerning the short sale process of your home.


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