I've tried to sale it, short sale it and a deed in lieu with no luck. Is it best to just walk away? It's been 8 years.
Association fees are sometimes aggressively collected and are not dischargeable in bankruptcy, so they may continue to pursue them from you. Once title is totally transferred, however, the bank will sometimes pay them, just like the property taxes, so that they can market a property with a clean title for resale. Depending upon your financial situation, you may or may not have higher priorities in terms of where to spend your money, assuming that you have now moved out of this property and given up on saving it. If the foreclosure is not complete, however, you also might still have an opportunity to save the property via chapter 13 bankruptcy, assuming that you can afford to resume payments.
Do not assume that I am your attorney because of my response here, since I would not normally be taking any further action on your case. You can request further clarifications on AVVO or see fifteen years of archived past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency http:// or at http://www.lawguru.com/answers/search/attorney/jknixon.
My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do.
You still owe the fees until the foreclosure is completed by sheriff's sale AND confirmation of the sale by the judge. This can take a very long time. If you are still living in the condo, try to view the fees as rent. If you are not living there, the HOA can sue you in order to be paid. They are entitled to the dues until the foreclosure is complete.
Mr. Nixon suggests the foreclosing bank may want to pay them to sell the property with a clean title. his may happen in your case or it may not.
Other than the dues, you ask if it is best to just walk away from the condo. I suggest you talk to an attorney first. You may find that allowing the property to go into foreclosure while continuing to live there and pay the HOA dues would be advantageous to you.
My response to this question does not create an attorney-client relationship and does not constitute legal advice. The information is provided as a courtesy only. This format of written question and answer is too informal and lacks sufficient detail. It is rarely never possible to give quality legal advice without a full set of facts and the opportunity to have a dialog where questions are asked and answered. Moreover, posters on the internet should be aware that confidentiality is not guaranteed online. I am licensed to practice law in Wisconsin.
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