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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I sold my interest in an HOA condo to my friend, about 2

Customer Question

I sold my interest in an HOA condo to my friend, about 2 years later he was diagnosed with terminal cancer. He filed a Quit claim deed giving me the option t keep the condo if I could after he died. I never lived in the property, only he did. I was in chapter 7 bk After his death. I surrendered the condo to the bank immediately, never lived there. HOA is pursuing collection against me and is reporting it on my credit post chapter 7. I don't know if HOA ever filed a lien against the property, am i liable for HOA debt incurred while my friend was alive and lived there?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ca
JA: Has anything been filed or reported?
Customer: HOA is reporting collection for HOA dues on my credit
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 9 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The short answer is that it depends. The person that should have been responsible for the HOA fees would be the title owner of the property. Therefore, if the property was titled only under your name, you would be responsible for paying the HOA fees. This is true regardless of who lived in the property. The party responsible for payment of the fees is the party that is deemed the owner per the public records.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 9 months ago.
My friend kept his HOA dues current until his death. I surrendered the property immediately back to the bank as I was in BK and had no interest in living there. Would the bank tecnically have title from the point of his death as I surrendered the quit claim deed title, and should the HOA be trying to recover from the bank?.
Customer: replied 9 months ago.
Thanks, ***** ***** can't afford it.
Customer: replied 9 months ago.
are you still there?
Expert:  MIAMILAW1127 replied 9 months ago.

I am still here.

Expert:  MIAMILAW1127 replied 9 months ago.

Technically, the HOA should be trying to recover in the bankruptcy and not from you personally.

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