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Condo fees and foreclosure

Malden, MA |

My dad passed away at the end of 2011- he only had the condo that we both lived in and I have not finished settling his estate yet. I currently live in the condo and had kept up with the bills until we got a special assessement of over $5000 that I could not pay. After racking up more $$ by the condo associations attorneys, I fell behind on the condo fees.
I have started paying the condo fees and extra to catch up and have presented a payment plan. They want the entire amount of $10,000 by the end of this year to release the lien- which is doubtful that I can do :(
The condo is not in my name yet- does that help or hurt me? I want to pay off this debt and plan on doing so- I just need a little time.

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Attorney answers 2

Posted

If you are not on the deed, or otherwise obliged to pay the fees, and you can't afford to pay the mortgage for the condo, then you should move out, administer your Dad's estate, and not pay them any more or less than any of the other creditors that your Dad's estate is obliged to pay out of his estate.

If a debt collector, including the condo association's attorneys, are attempting to collect debts of your Father's estate, directly from you, where you are not otherwise obligated on the debt personally, THIS COULD BE A VIOLATION OF THE LAW. I routinely handle violations of debt collection law at no cost to consumers as the law provides for your attorneys fees and up to $1,000 in statutory damages.

It is very upsetting to me to continue to hear of this practice where grieving family members are tricked into paying debts of deceased loved ones. The ESTATE is obligated to pay the departed's debts through probate, if you are the Administrator, or Executor, then you pay out of the Estate, not your own pocket.

This is not legal advice, but legal information only. This may be considered Attorney Advertising and if so, it is hereby labeled as such, and Attorney John F. Skinner, III is responsible for its content. I am licensed to practice in MA & NH and admitted to the Federal Bar in both States and the Eastern District of Texas.

Asker

Posted

Thank you for your quick reply. The mortgage has been paid off years ago so I don't want to lose the condo. I am just trying to buy some time to pay this off. I submitted a payment plan that was rejected and they came back with pay the $10k by the end of the year- which I will try to do but I doubt I will be able to. I am trying to work out another payment plan right now. I just didn't know if the fact that my name isn't on the condo is potentially helpful or harmful to my situation.

Posted

I agree with Attorney Skinner. If you are not contractually liable in any way then move out, they will have to put a claim on the estate. Or try to negotiate with the condo association to see if they can work out some sort of payment plan.

Asker

Posted

Hi and thank you for your answer. I am trying to work out a payment plan right now- hopefully we will come to some kind of agreement. I noticed you're a bankruptcy attorney- its been very tempting recently as I can't seem to catch a break but I don't think that would help me with this anyway.

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