Delinquent FEEs and Ch 7 BK - Loan Modification Forum

Liz Medrano · 08-31-2009, 07:51 AM

Are delinquent HOA fees that are accumulated up to the CH7 BK dissolved? I am now in the HAMP program and am concerned about how to deal with the HOA. We were going to lose our home in foreclosure.

PCBFL · 08-31-2009, 08:29 AM

Hey Liz,

Did you include the past due HOA fees in the BK? Not positive but I think if you did then you would be discharged from the past due amount but may be on the hook for the fees since then if you stay there. I would consult with your BK attorney, you may be able to "deal" with the HOA and get a reduced amount. If you did not include them then you are still liable for all of them.

Marshall Rosenbach Esq. · 09-02-2009, 11:23 AM

Liz -PCB is right...contact your bankruptcy attorney and ask whether the HOA fees were listed in your bankruptcy schedules as a liability, and if so, were they discharged. Your BK lawyer will have the answer for you.

Liz Medrano · 09-02-2009, 11:48 AM

thank you for the response.

08-31-2009, 07:51 AM	#1 (permalink)
Liz Medrano Senior Member Join Date: Jul 2009 Location: Fort Myers, FL Posts: 225 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Delinquent FEEs and Ch 7 BK Are delinquent HOA fees that are accumulated up to the CH7 BK dissolved? I am now in the HAMP program and am concerned about how to deal with the HOA. We were going to lose our home in foreclosure.

08-31-2009, 08:29 AM	#2 (permalink)
PCBFL Member Join Date: Aug 2009 Posts: 17 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Delinquent FEEs and Ch 7 BK Hey Liz, Did you include the past due HOA fees in the BK? Not positive but I think if you did then you would be discharged from the past due amount but may be on the hook for the fees since then if you stay there. I would consult with your BK attorney, you may be able to "deal" with the HOA and get a reduced amount. If you did not include them then you are still liable for all of them.

09-02-2009, 11:23 AM	#3 (permalink)
Marshall Rosenbach Esq. Real Estate & Mortgage Law Attorney Join Date: Jan 2008 Posts: 88 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Delinquent FEEs and Ch 7 BK Liz -PCB is right...contact your bankruptcy attorney and ask whether the HOA fees were listed in your bankruptcy schedules as a liability, and if so, were they discharged. Your BK lawyer will have the answer for you. __________________ Law Offices of Marshall E. Rosenbach Please call me anytime at (561) 627-8990 www.FloridaLoanLaw.com The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Licensed to practice law in the states of California & Florida.

09-02-2009, 11:48 AM	#4 (permalink)
Liz Medrano Senior Member Join Date: Jul 2009 Location: Fort Myers, FL Posts: 225 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Delinquent FEEs and Ch 7 BK thank you for the response.

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