LEGAL GUIDE
Written by attorney Peter T. Lane | Mar 1, 2014

Discharging HOA Fees in Bankruptcy When Surrendering a Condo

Mortgage debt on upside down property is easily discharged in bankruptcy, as is any HOA fees owed before the filing of the Bankruptcy. But the consumer will need to surrender property before the bankruptcy or quickly after filing in order to avoid future obligations on the HOA fees.

Additional resources provided by the author

If you are stuck with low value property and high mortgage obligations with HOA arrears and are considering bankruptcy, you should speak with an experienced consumer bankruptcy attorney. A good place to find one is at the website for the National Association of Consumer Bankruptcy Attorneys www.nacba.org.

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