I have stopped making HOA payments for the past 10 months, property in default. The HOA's attorney notified me that if I do not respond they will proceed to take legal action. Should I respond even if I cannot make the payments? Will this reflect on my credit report?
A lien against your property, as with any judgment, will show up on your credit report.
Ignoring the HOA's attorney will not help your situation.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
Chapter 7 Bankruptcy Attorney
Yes. You owe the HOA fees and it is a valid debt.
HOA fees prior to filing for BK are dischargeable, but HOA fees post filing for BK are still the responsibility of the home owner until the home is foreclosed upon and title is changed.
Try to settle the debt for less than what is owed if BK is not an option.
If you need assisstance I can help you out.
In my experience, everything is reportable to credit reporting agencies (Experian, etc.). I have found that it is very helpful if you call the attorney or creditor involved and talk with them, explain what happened, making a very personable story (true one) so they can have something concrete to take to their client by way of settlement. If you have no money now, maybe you have prospects for the future you could tell them about. I wouldn't whine or express entitlements, but sometimes this will buy you some time. If you're angry, I wouldn't talk to the attorney/creditor at all - it is just not productive. If you know you can't ever do anything about this, send the attorney a letter requesting to be put on "correspondence status" so they stop calling you.
Lysbeth Goodman is an attorney licensed in the state and federal courts of California. This answer is for general information only and does not create an attorney client relationship between Lysbeth Goodman and any other person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
2 lawyers agree