I went though foreclosure April 2013. I faithfully paid the HOA dues and paid for the April assessment. I vacated the property by April 20th. In May, the HOA debited my checking account for May dues. I spoke with the property management book keeper and I stopped the ACH deductions from my checking via formal email request. The book keeper informed me that I would receive a refund once the certificate of sale was received. It wasn't a straight forward sale so that statement gave me pause. I eventually concluded that conversation with the impression that I would no longer be held responsible for the monthly assessments. However, I continue to get bills for assessments that I don't feel I owe.
Landlord / Tenant Lawyer
Once the property was sold, it is no longer your duty to pay the assessment. But the bookkeeper is correct, there is frequently a time lag between the auction and when the new title is recorded. HOA rules are codified, and they were clearly written by the HOA lobby because they are incredibly generous to the HOAs, going so far as to award the HOA attorney fees even if a judge has never seen the basis for the request.
You can look up who bought the place, and when the transaction cleared and was recorded - it is public record. But I agree with you that several months later you are under no obligation to continue paying the HOA dues on property that is no longer yours. Elizabeth Powell
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Real Estate Attorney
I'm surprised you continued paying the hoa during the foreclosure.
the bookkeeper is probably telling you the truth.
I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.
3 lawyers agree
Real Estate Attorney
If you can get a copy of the new deed, perhaps you can provide a copy to the HOA and obtain a refund for the time you were charged no longer owned the property. And, that might enable them to straighten out their books!
Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.
Residential Real Estate Lawyer
You may have received a Notice of Trustee's Sale from your bank setting the sale date for April 2013, but that alone does not mean the sale took place. And until there is a legal transfer of the property - i.e., until the foreclosure actually takes place - you are still on title and remain responsible for the dues.
The defining issue, for you, is whether or not the foreclosure actually took place in April. Often lenders schedule a foreclosure sale but then postponed repeatedly (or even cancel). Until you verify (by looking up your parcel number on the county recorder's office to see if a deed has been recorded, or by contacting the trustee about the status of the sale) that the sale took place, you cannot be sure that you are not, in fact, responsible for the dues.
Generally (with a few rare exceptions), associations do not try to collect dues once you no longer own the place, so I suspect there is more to the story than you may be aware of. You might want to consult with an attorney if you don't know how to look up the public records, etc. to verify ownership of the property.
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1 lawyer agrees