My friend lost her home to foreclosure last year and now owes HOA fees?
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My friend lost her home to foreclosure last year and now owes HOA fees?
She was unemployed then and still is. Now the HOA have served her a summons for the unpaid balance on the HOA dues with fees etc. in the amount of 25k. Her husband is also facing unemployment. What is their recourse? Perhaps filing for bankruptcy?
Asked on July 10, 2013 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
That fact your friend lost her home to foreclosure in no way removes her obligation to pay other home-related debts, such as unpaid HOA fees, utility bills, insurance, etc.; so therefore, her HOA could sue her for the upaid fees. If she and her husband owe more than they can repay--not just in this debt, but across all their debts and obligations--bankruptcy may be the right option for them. Bankruptcy is a complex subject, however; she is advised to speak with a bankruptcy attorney, who can evaluate her situation in detail and advise her as to the best course of action.
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