Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
What is your Bankruptcy Law question?
Hi - what would you like to know?
my question is this: i have been discharged from a bk7 as of july 31 2011. i had investment properties that i surrendered, but since the mrtg companies had not acted to foreclose, i moved into one of thje properties that i surrendered. Still no meaningful activity from the court. here's my question: there is a HOA on the property that i'm living in, if i still retained this property i know they could put a lien on this property for the 2 years of HOA, but since thjis property is surrendered, cna they put a lien on any other property that i own?......thanks
A Bankruptcy cannot discharge any HOA dues that accrue after the Bankruptcy is filed.
Any property owner with an HOA is responsible for the HOA dues until the property changes hands.
How do they inforce that?
In other words, the HOA can proceed to collect any unpaid dues that accrued after your Bankruptcy was filed, in any manner available - including to place a lien on other property that you own.
Is this what you wanted to know?
wait, if i was not living here, and it took the mrtg company 5 years to foreclose, i wouold be responsible for 5 years of HOA
Unfortunately yes - you remain responsible for the HOA dues until the property is finally foreclosed. It does not matter whether or not anyone is living in the property.
Additionally, you have the right to live there or to rent out the property to someone else until the property forecloses.
Renting out the property can help pay the HOA dues.
Can the mrtg company come after me for the rent that i collect?, and does the HOA report to the equifax, experian, etc.?
No - the mortgage company cannot take any of your rent - because your liability to pay the mortgage was discharged in your Bankruptcy.
And, does the HOA report to the credit reporting agencies?
Are you asking if your HOA reports delinquent accounts to the credit bureaus, or if HOA'a in general report delinquent accounts to the credit bureaus?
well, my HOA.
Thank you for your response.
I couldn't possibly know if your HOA reports delinquent accounts to the credit bureaus.
You would be able to find out by getting a copy of your credit report.
You are allowed to get a free one from each credit bureau every year.
Then, do HOA's in general report to the credit bureaus?
No - HOA's generally do not have the means to enter delinquent accounts on credit reports.
then, this may be a silly question, but if they cannot do that, then how can they put a lien on a property that they have nothing to do with. i.e. A different property that i own?
Whether or not a debt goes on one's credit report has nothing to do with whether or not an HOA can place a lien on other property.
However, before the HOA can place a lien on other property, the HOA would have to go to court to get a judgment.
That judgment would go on your credit report.
ok, thank you so much......good night.
You're welcome! And good night to you also!