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We were granted a chapter 13 over a year ago in which we surrendered out house. The lender, GMAC, has not sold the home, but keeps putting if on the market and taking it off. No one has lived there for the last two years, yet our HOA still expects us to pay for the road maintenance fees - even though we no longer even drive there or live there.
Is this right? What can we do?
Sorry, but when I tried to enter this in as a question, it kept cutting me off after just the first two sentences.
Wiki User
∙ 14y ago
Wiki User
∙ 7y agoIf you “surrendered” your home by executing a deed then you are not responsible for any charges that occur after that deed was recorded. You should check in the land records to confirm that deed is on record. Then send a copy of that deed to the HOA along with the bill for maintenance fees.
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Who is responsible for hoa fees when foreclosure occurs?
The titled owner is responsible for HOA assessments, whether it be the fore-closed-up owner or the bank -- when the bank takes over title to the property.
How do you defend against hoa foreclosure?
Pay all your past due assessments and fees and the legal costs associated with trying to collect them.
After the bank forecloses on a condo do you pay HOA fees in Florida?
Association assessments are paid by the owner of record. If your name remains on the deed, you owe assessments.In most cases, the homeowner or unit owner is responsible for paying the HOA fees prior to the foreclosure. Once the lender takes legal possession by foreclosure no further fees are added to the amount due but the HOA can pursue payment of the past due amount. In Florida, an HOA can go after a homeowner for past due fees even after the bank has foreclosed by using the process used for a 'deficiency judgment'.
You surrendered your home in bankruptcy The discharge was in March 09 The HOA says you are still liable for the dues until foreclosure is complete Do you have to pay and can they put on credit report?
Best practices dictate that you work with your bankruptcy attorney to answer your questions specifically.
Can you file bankruptcy on a HOA?
Yes.
In Florida how much can a HOA charge in fees for paying HOA fees late?
You can find the answer you want in your governing documents.
What can you do if you have completed bankruptcy and the lender has not foreclosed the home and you are continuing to pay HOA?
You may be able to enjoy your home so long as the bank delays its foreclosure process -- or you can pay your mortgage and sleep better at night.
What is the meaning of corporate advance on a mortgage?
A corporate advance on a mortgage is a payment for a service related expense that is owed by the borrower. These expenses may include such things as foreclosure expenses, attorney fees, and bankruptcy fees.
Will bankruptcy protect me from foreclosure by my mortgage company?
Yes, bankruptcy protect you from foreclosure by your mortgage company. You can read more at www.hirby.com/mortgage-lender-filing-for-bankruptcy
Bankrupty or foreclosure which is best?
bankruptcy is better. If you have to decide foreclose or banko, put your house in bankruptcy. When you have a foreclosure, they can sue you for the balance
Who pays homeowner assoc. fees the mortgage holder or the deed holder?
The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.
If your condo goes into foreclosure do you still owe the condo fees?
Yes, until the bank is the owner. The fact you're in foreclosure doesn't change the fact utilities need to be paid as well as your staff. It's not only the bank that can put you into foreclosure; even your HOA/condo association can force the sale of your home due to delinquency.
