I left my condominium in August first 2010. I went to my local wells Fargo bank on 8/20/2010 to try to return the condominium keys to them, because they were the ones with my mortgage account. the wells Fargo Home mortgage agent in charge on that branch, did not accept the keys instead he wrote me a letter acknowledging that I did try to give him the keys back. This is what he Wrote:/ This is to acknowledge that Eutiquio G. Ocampo does not have the ability to continue his monthly mortgage payment for the property at 3518 W Dunlap #171, AZ 85051. Kurt Zimmerman wells Fargo mortgage. I also have some other letters that we residents wrote to the community leaders about issues we had with the complex. Leaders like,Attorney General, Department of Building and fire safety, our district supervisor
continuetion, after K. Zimmerman W. F. Mortgage did not accept the keys and suggestad he investigate alternative options such a short sale or deed in lieu of foreclosure. Eutiquio Ocampo (the property owner) intent is not to continue mortgage payments and has vacated the property.
Family Law Attorney
I think that failure to pay HOA dues is charged against the property. Sooner or later, the HOA will try to foreclose at which time a mortgage holder is likely to foreclose if any payments are in arrears.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
I agree with Mr. Lewis. However, in California, Wells has been extremely diligent in working with their clients in foreclosure so I suggest you contact them for assistance.
This is my opinion and should not be construed as legal advise for your specific case as there are many more facts which you have not provided.
Despite the fact that you notified Wells Fargo more than three years ago that you could no longer make the payments, you remained the owner of the home until Wells Fargo either foreclosed or accepted a deed in lieu of foreclosure or there was a short sale. Until then, you were/are the owner and therefore are on the hook for the HOA fees. Generally an HOA will file a lawsuit and then when they get a judgment, put a lien on the house. Here, if the house has already sold, they may or may not employ other approaches, such as garnishment, to collect the past due association fees. You may want to retain an attorney to negotiate a settlement of this debt.