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Declared bankruptcy witch included hoa fees bank in forclosing on mortgage but hoa sent us an eviction notice what do we do now

Glendale Heights, IL |

plus what happens with the mortgage if we move out of the home?

Attorney Answers 2


You need to immediately consult a local attorney with expertise in both HOA law and bankruptcy law. If you cannot afford one, try your nearest Legal Aid office. There many complexities in the interactions between your mortgage, the CC&Rs of the common interest community in which you live, and bankruptcy law.

The above is general legal and business analysis. It is not legal advice but analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in Nevada. See also terms and conditions item 9, incorporated as if it was reprinted here.

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It sounds as if you may not have paid any new HOA fees that accrued after filing the bankruptcy. When you file for bankruptcy, the only HOA fees that you get to discharge are those that were incurred before the bankruptcy filing. Any HOA fees that accrue after your filing are, unfortunately, still your financial responsibility. If you did not pay them, the HOA can take action to evict you and collect on any unpaid assessments.

There is a silver lining. If you received a discharge, you need not worry that the bank will try to collect on the mortgage debt.

This post is for general purposes only and is not intended to create an attorney-client relationship. Please consult an attorney for specific legal advice for your situation.

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