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Can HOA Fees Be Discharge in Bankruptcy?  FAQ’s, HOA Fees

Past due HOA fees Chapter 7 La Mesa 91941, HOA Chapter 7 bankruptcy La Mesa 91942, La Mesa 91943 , Chapter 7  91944

Welcome to: FAQ's HOA, Bankruptcy

HOA Fees Bankruptcy Questions

 

Must Read Article on HOA Fees After Filing for Chapter 7 Bankruptcy. Get HOA FAQs.

 Serving La Mesa, El Cajon and San Diego County

in Consumer Debt Bankruptcy

Can HOA Fees Be Discharge in Bankruptcy?  FAQ’s, HOA Fees

  David A. Casey, Attorney  

 365 Broadway, Suite 203 

El Cajon, California

Over 22 years family law experience.

(619) 447-6780

Attorney for over 22 years

 Chapter 7 - Chapter 13 Bankruptcy

Map to Bankruptcy Law office Click here

 Chapter 13 - Chapter 7 Bankruptcy

Find out if you still owe HOA fees after bankruptcy.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

 

Find out if you are still responsible for HOA fees after you surrendered the property. Learn when your obligation to the HOA ends. Find out what happens if you don't pay the HOA fees.  It is important that you retain a bankruptcy attorney who understands the bankruptcy code as it pertains to HOAs.   

Learn if HOA fees are discharge in chapter 7 bankruptcy and do you still owe HOA fees after your surrendered your home.  What HOA Fees are discharge. (619) 447-6780

This is a "Must Read" Article On HOAs

I get calls all the time from debtors who have utilized the services of some other attorney only to discover at the end of their bankruptcy, that they were still personally liable for HOA fees. This is why I believe it is very important to discuss these issues with my clients who have any interest in real property.  Many times the debtor has moved out and believes that they are no longer responsible to the HOA for the fees that they owe.  For all intents and purposes, they made their intentions clear in the bankruptcy  proceeding that they were going to surrendering their property back to the bank/lender.  They only learned later on that they were still liable for the fees as the result of a change under the new bankruptcy code of 2005 [see 11 USC 523(a)16].  However, the new code section really has very little effect due to the nature of the priority of the underlying HOA lien.

The code section clearly states: The fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case.

The important part is that “for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest” this is what makes the debtor obligated to pay this debt.  

It does not matter that the bankruptcy has been filed and the debtor has moved out of the unit since the obligation (liability) continues until the property is foreclosed upon or sold.   Please also remember even after foreclosure, if one still resides in the property prior to eviction, the possessory interest would continue such liability. Bankruptcy code  523(a)16 at this time is not in conflict with 11 USC 365(p) regarding the assumption of leases. Why? Since HOA fees arise from executory contracts and not leases. 

Question:  Is there any way not to pay the debt to the HOA post filing bankruptcy?

There are some options that are available: 

         A.    Probably the easiest solution is to do little if anything. Most of the time any  past due fees are satisfied in        escrow from the eventual foreclosure or sale since the  HOA has a priority over the foreclosing party’s lien and they should get paid out   of the sale or foreclosure.

But this does not always happen for some reason.  If you do not pay the HOA fees, you should put enough money aside to pay the fees and late fees until the exact amount is determined, if any. This way if the claim is satisfied by the HOA you might not be out any costs post filing and if you are, the amount is not that much greater than if you had paid the fees, except for the late fees and interest.

B.     Another possible solution is to execute a deed in lieu of foreclosure or a short sale after the filing date. The problem here this is never really recommended by bankruptcy attorneys in California since it can cause an adversary proceeding.

C.    You can continue to pay post-petition HOA payments as they become due until the property is transferred.

D.     Since you reside in California, you may make the argument that under CCP 726(a)  which  requires pursuit of the property prior to bringing any action against the person (debtor) personally.  The problem here is that most  HOA liens will not qualify as a ”mortgage” and does not fall within the statutory protection of this California code.

I believe taking the safe approach is always better.  Clients should save their HOA fees and don’t spend the fees post petition filing and to hold the amounts pending the results of the eventual transfer.  This way, if it ever becomes a legal  issue,  clients would have the funds to satisfy the obligation.  Most of the time, this is NOT an issue but this gives them a start on a savings account. In the worse case scenario, they have to pay the fee and some late charges and interest.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

This web site is intended for general information only and does make any inference that this constitutes a retainer for my services or that I  represent you.

This communication is an “Advertisement” as defined by the California Rules of Professional Conduct and California Business and Professions Code. No communication herein shall create an attorney-client relationship unless a separate retainer agreement is signed by an attorney and client. This material is for informational purposes only and not intended to provide legal counsel or legal advice to you.

The Bankruptcy and Family Law Office of David A Casey represents individuals and businesses seeking Bankruptcy relief.

 

   Bankrupcy Attorney David Casey (619) 447-6780

Just minutes from La Mesa, Chapter 7 & Chapter 7

"Attorney for over 22 years"

 

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

Chapter 7 La Mesa 91941, Chapter 7 bankruptcy La Mesa 91942, La Mesa 91943 Chapter 7 , Chapter 7, La Mesa 91944 .

Residents of  La Mesa , you are just minutes away to get your debt relief started.  My office is located next to two major freeways in El Cajon.  Just  minutes away. Let me explain your options  including the benefits of chapter 7 or chapter 13 bankruptcy under the bankruptcy Law.

Free Consultation   

There are 17 Cities within 15 miles of my office. El Cajon, CA

  • ALPINE, CA
  • BONITA, CA
  • CHULA VISTA, CA
  • DESCANSO, CA
  • DULZURA, CA
  • EL CAJON
  • JAMUL, CA
  • LA MESA, CA
  • LAKESIDE, CA
  • LEMON GROVE, CA
  • LINCOLN ACRES, CA
  • NATIONAL CITY, CA
  • POTRERO, CA
  • POWAY, CA
  • RAMONA, CA
  • RANCHO SAN DIEGO, CA
  • El Cajon
  • SAN DIEGO, CA
  • SANTEE, CA
  • SPRING VALLEY, CA

Area of Service: San Diego County, Alpine 91901 Bonita 91902  El Cajon 92019, El Cajon 92020, El Cajon 92021, El Cajon 92022, El Cajon 92090, La Mesa 91941, 91942, 91943, 91944.  Lakeside 92040  Lemon Grove 91945, 91946.  Ramona 92065,  Santee 92071.   Spring Valley 91976 92977 91978 91979  Chapter 7 La Mesa 91941, Chapter 7 bankruptcy La Mesa 91942, La Mesa 91943 Chapter 7 , Chapter 7, La Mesa 91944 .

We are a debt relief agency. We help people file for relief under the Bankruptcy Code. 

Call for Chapter 7 & 13

(619) 447-6780

La Mesa, Call (619) 447-6780 to speak to  Bankruptcy Attorney Casey.

Free Bankruptcy Consultation (619) 447-6780

My office is just minutes away from starting your process of becoming debt free again.

Chapter 7 & Chapter 13  Bankruptcy laws will help you getting a fresh start Including discharging most if not all past due HOA Fees in a Chapter 7

 

Learn about HOA fees after filing bankruptcy. Do I still own the fees after I surrendered my residence? What if I moved out after filing? Can HOA Fees be discharge? La Mesa attorney explains.

Call the Bankruptcy law office of David A. Casey today for Debt relief under the bankruptcy code.

My law office is a  debt relief agency under the bankruptcy code. We help people file for relief under the Bankruptcy Code.

 

Any legal content contained on this website, nor any from the licks listed below are not intended to and  does NOT constitute legal advice

Copyright ©2009 by Attorney David A. Casey

 

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