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Read Q about chapter 7 discharged debtor trying 2 force foreclosure on home to avoid HOA fees. Is it true can quitclaim to HOA?

Riverside, CA |

I read that question and am in a similar situation. BofA refuses to take title to the house even though I received a chapter 7 discharge 1 year ago. What stinks is I already moved out and am continually harrassed by the HOA.

If there is actually a way to quitclaim it to the HOA, I am all ears. One attorney on the other question said this was an option. Wouldn't the HOA have to accept this? Wouldn't BofA have something to say about all of this? I am confused...please help.

Attorney Answers 5

Posted

There is a glut of condos left vacant because the bank's refuse to foreclose either because they want to shift the "tax loss" to a later year or more probably because they want to avoid paying HOA dues which they become liable for once they foreclose.

Solution: Move back in and pay the HOA or Rent the House for at least the HOA dues, insurance and repairs plus some for your headaches.
As to Quitclaiming it to HOA, they do have to accept the deed.

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Posted

Correction on the last answer.
They do NOT have to accept the deed

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Posted

No, the HOA does not have to agree to accept the title to your house. Moreover, one thing you should know is that HOA dues assessments are personal obligations of the owner. California Civil Code 1367, subdivision (a) provides that a regular or special assessment and any late charges, reasonable costs of collection, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied.

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1 found this helpful

Posted

You can't give what you don't have. If, like with most bankruptcy filers, your mortgage was underwater, then you have no value in the home to convey to the HOA and they have no reason to accept it.

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Posted

If you moved out immediately and have not occupied the property since you filed bankruptcy, the HOA may be in violation of you discharge for continuing to come after you. If you lived in the property after you filed and moved out later, there is an exception to the discharge that leaves you responsible for assessments for the time that you continued to reside in the property. If the HOA is after you for any assessments after you moved out, even if you owe something, they are likely in violation of the bankruptcy discharge.

My suggestion would be to talk to your bankruptcy attorney, find out if the association is violating the discharge terms, and have the bankruptcy attorney address the issue.

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