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

UPDATED: Dec 12, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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