I own a condominium and recently filed a chapter 7 Bankruptcy pro se in October, 2013. can the association come after me?

Asked 11 months ago - Tewksbury, MA

I own a condominium and recently filed a chapter 7 Bankruptcy pro se in October, 2013. I told the court I do not want the condo anymore since I'm struggling and cannot pay the mortgage or condo fees and am behind. The trustee of the condo association has filed a motion for relief from stay telling the court that I have not been paying post petition condo fees and they would like to come after me. Can they come after me personally after giving up the condo if I continue to live there? The bank has paid past condo fees placed as a lien against the condo. Please help me.

Attorney answers (6)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . As long as the condo title is in your name, you are responsible for paying the HOA dues that accrue after the filing, whether you live in the property & use their facilities or not. Filing bankruptcy draws a line in the sand - you can discharge debts made before filing but not afterwards. The fact you no longer want the condo is also immaterial - you can't force the mortgage company to take the title back and you can't force them to foreclose any faster. Hope this perspective helps!

  2. Carl H Starrett II

    Contributor Level 16

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    Answered . The bankruptcy only covers your HOA dues that you owed when you filed your case.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more
  3. Robert J Adams Jr.

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    Answered . You will be discharged of the HOA as of the date of the filing. You will future HOA fees until the property is sold.

  4. Scott Benjamin Riddle

    Pro

    Contributor Level 20

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    Answered . You are liable for dues from the date you filed Chapter 7 until the day you no longer own the property.

  5. Sebastian Korth

    Contributor Level 8

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    Answered . Massachusetts has a "Super Lien" statute for condos that allows condo associationd to put a lien on the property for HOA fess that jumps ahead of your mortgage. That is why banks often pay the condo fees, to protect their interest in the mortgage. However, there is no way you can force the bank cover your fees if the condo association wishes to go after you personally.

    In fact fighting the motion for relief from stay could make you worse off because the condo association will bill for its additional attorneys' fees and those attorney's fee are also subject to the super lien.

  6. Jonathan Stone

    Pro

    Contributor Level 13

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    Answered . For anyone living in a condo, I strongly advise the debtors of the availability of filing chapter 13, not a chapter 7. There are many, many advantages of doing so. Ask your attorney if you qualify to convert to a chapter 13. If your attorney did not go over the advantages of a chapter 13 with you, then you should get a second opinion pronto.

    Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be... more

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