It's been over a year the bank took over. The home was sold a few months after. The HOA sent me a notice for court. It went from $1700 to $2400 with a lot of ridiculous fees included. Do I need an attorney?
You are generally liable for HOA dues until the date of foreclosure. You can get a lawyer, but if you owe the money you may better off putting that toward the debt. You can always contact the lawyer to make a lump sum offer.
You are responsible for any fees up to the date that the foreclose deed was file, but none afterward. If you are being sued for fees owed afterward, or even if some fees are before and some after, I highly recommend that you hire an attorney to assist you. An answer must be filed with the court and served upon the HOA or their attorney within 30 days of the date you were served or you will waive any defenses you may have and they will receive a judgment against you even if you don't really owe them. If all of the fees are post foreclosure, you may even be entitled to have them pay your attorneys fees for having to defend a suit which should never have been brought.
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You are liable for any HOA fees up to the date of actual foreclosure. If they have sued for fees after that, you need to see a lawyer, as if you don't defend the case, you lose even if you have a defense. Note that if they sued for sums you don't owe, you may have a counterclaim against them to recover money from them.
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I agree with the previous answers, but one more thing to point out is that the debt, if owed, is basically unsecured debt (think credit card debt). While you owned the home the HOA had a secured debt - meaning they could foreclose on your home (or put a lien on it) to collect what was owed. Now that the home has been foreclosed upon, the HOA has no collateral or security for the debt. They essentially have to collect in the same manner a credit card company would - sue you, get a judgment and have the judgment executed upon your assets, get a wage garnishment order, etc.
The above is no,t nor is it intended to be, legal advice but rather general information to assist you with your question. If you find this information helpful, please mark it as such on AVVO. McGrath & Spielberger, PLLC is a law firm with attorneys licensed in a number of states, including FL, GA, NC, SC and TN, and can be reached at 800.481.2180 or through our website, www.mcgrathspielberger.com.
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