I am fighting foreclosure on my condo. Where do unpaid condo fees stand in a foreclosure? I was sued for them and didn't know it

As you found out, HOA fees are separate from your loan payment and even from your loan modification attempts. While you were unfortunately the victim of a an alleged modification scam, even had you been working with a reputable attorney, it is not likely that they would have been trying to work with your HOA in conjunction with your loan modification. While you are the owner of property which is subject to HOA fees you will be personally liable for those fees. Upon sale of the property or foreclosure you will be relieved on any further liability for the HOA fees, but will still be responsible for all back payments you may have missed up until the sale date. In your circumstance, you do owe the condo association for the arrears. I realize that you don't have any money right now, but rather than allow the condo association to obtain a judgment against you for the full amount plus interest, attorneys fees, etc... you may want to contact them to attempt to reach some kind of settlement agreement. Althought they may be able to get a judgment against you, collecting is another story. Most creditors would much rather take a lessor amount which is voluntarily given by the debtor than incur further time, trouble and expense of attempting to collect on the judgment. Try asking for a monthly payment plan you can afford.