Can the mortgage company or HOA board come after my husband for a condo that I purchased when I was single?

Bellevue, WA Viewed 80 times. Posted 4 months ago in Foreclosure

I was single when purchased my condo in March 2007.
I am now married but have recently been out of work and unable to make my mortgage payments and my very high HOA dues. The condo is currently underwater - value of the condo is about 100k less than the total loan amount, and hence my mortgage company won't even refinance. There are 4 other condos for sale in our complex, two of which have been for almost a year in the market, so the possibility of sale is also not bright.
I am trying to work out a loan mod with my lender but if that does not provide substancial relief, I may be driven to foreclosure.
My husband is and has never been on the loans and the title/deed of this condo. Can the lender or my HOA board come after my husband or his assets in a communal state like WA?

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Answers (1)

David A. Leen

This attorney is licensed in Washington. Posted 4 months ago.

The lender will not have a claim against your new husband, assuming he has not signed the loan agreement. As to the homeowners association, that is trickier. It may be that the bylaws of the HOA provide that liability for the dues (which cover water, gas, garbage, etc) goes to the residents and your new husband is a resident and uses the utilities. However, you would need to review the bylaws. But I think the better argument is that he is not liable unless there is a specific bylaw covering this - and I doubt there is. You agreed to pay the dues, not him.