So I have a home that I have not lived in for 3 years and stopped paying due to my bankruptcy and surrend to bank, but they have not taken possession. The HOA has sent me lettrer saying "intention to commence a forclosure action against the property" and "we will file a foreclosure action against your property without further notice" I did not concern myself with this to much (YES I know BIG mistake). Now I have a lawsuit for foreclosure action and personal judgment. Can they do this? If i would have known there was a personal judgment included I may acted different. Seems kind of misleading as they said they will persue foreclosure and that what I was under the impression they would do, and I am ok with that. I only have problem with personal judgment. Do I have any def to jud?
Chapter 7 Bankruptcy Attorney
You'll need to speak with a Florida attorney, but your bankruptcy only covered the HOA dues through the date that you filed the bankruptcy. In most states, the HOA dues are owed by the person who is on title no matter if they are living in the property or not.
Hopefully a Florida attorney will respond on that aspect of HOA law in your state, but the bankruptcy discharge does not help you for the post-petition HOA dues.
First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.
4 lawyers agree
We have dealt with this exact scenario on several occasions. You do have options. However, those options depend on how far along the HOA foreclosure case is. The problem stems from the fact that even though you surrendered the property, your name is still on the deed. So as the deed owner they are holding you responsible for those HOA assessments that accrued after your bankruptcy. Without more information, and knowing where your case is at, it is difficult to give you any sort of details as to what you should be doing. You need to speak with an attorney so they can look into everything more in depth.
This communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida. Please visit our website at www.moreylawfirm.com.
3 lawyers agree
Residential Real Estate Lawyer
You are caught up in the foreclosure nightmare. The HOA can only sue you personally for any dues that came due after you filed bankruptcy (post-petition), but since you surrendered the property and did not live in it, they should not be seeking a personal judgment. They still have to file a foreclosure, naming you since you are on the deed, to foreclose on the property since the bank did not take title to it when you surrendered it. Your being named in that instance would be no different than naming a tenant -- anyone who has any interest hast o be named.
In this case if you write a letter to the judge complaining you surrendered the property and you should not be a party to this suit in a personal capacity and copy the HOA, they might amend the pleadings.
If that does not work you will need to hire an attorney to deal with the mess.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
2 lawyers agree