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During foreclosure, do I HAVE to continue to pay my HOA dues?

Glenview, IL |

I know my HOA can put a lien on the condo if I do not pay my HOA dues, and eventually start foreclosure. Thats not my question or the issue first of all please understand .... My condo has been in foreclosure, and we were going to try and stop that. I have been lucky enough to have become engaged therefore, am letting the condo go, its worth $100,000 less than owed. So am allowing the judgement for foreclousre to begin, and sell at auction. Until its done, say 3 months, can I stop paying the HOA fees? Why continue to pay them if its already in foreclosure is the way I see it and save myself that money. Ive already a bankruptcy last year and have always paid my HOA, even since served with foreclosure papers 9 months ago.

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Attorney answers 2


You are still legally responsible for the HOA fees until the bank has the foreclosure sale confirmed and becomes the legal owner. The HOA can sue you fr these fee if they choose.


I would advise you to continue paying the HOA dues until title has transferred, as many condo boards do in fact pursue collection actions. You might also want to contact the lender about a deed in lieu of foreclosure, which is often preferable to a foreclosure.

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