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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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hello, i have a question, i went through a foreclosure (gave

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hello, i have a question, i went through a foreclosure (gave up the house to the bank 11/2011 and bankruptcy (confirmed around 08/2011), now the HOA is saying i owe them HOA fee from 07/2011 - 10/2011, and they are taking me to small claims court, but the company i have been talking to is not the HOA, its United Trutee Services, which seems to be a debt collector. Would it be better to settle with them or go to court?

Help please

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The dues they are seeking to recover are from a period after your bankruptcy case was filed correct?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.


yes it is after the BK 7 was filed

I see. While the dues owed at the time the bankruptcy petition was filed would typically be discharged in bankruptcy, dues which accrue after the filing of the petition and before the title of the property passes to the bank or a new owner would normally still be owed.

Here is a link which summarizes the law on this issue:

http://www.rnklawgroup.com/bankruptcy-and-home-owner-association-dues

Therefore, since the dues which are being sought are from a period after filing for bankruptcy protection, it would normally be best to negotiate a settlement with the HOA rather than taking this to court since a judgment likely would be entered against you, which could further damage your credit rating and result in garnishments and other attachments of your property to satisfy the judgment.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


thank you very much for all your help

You are very welcome and the best of luck to you with this matter.

Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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