Bankruptcy

El Cajon

Attorney Casey

 619- 447-6780

 

MOBILE PHONE  CLICK HERE

 

365 Broadway, #203, El Cajon CA, 92021 DIRECTIONS

 

 

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Welcome to: FAQ's HOA, Bankruptcy

HOA Fees Bankruptcy Questions

 

HOA, Must Read Article on HOA Fees After filing for Chapter 7 Bankruptcy. HOA FAQ's.

El Cajon, California &  Greater San Diego County

in Consumer Debt Bankruptcy

 

  David A. Casey, Attorney  

 365 Broadway, Suite 203 

El Cajon, California

(619) 447-6780

 Chapter 7 - Chapter 13 Bankruptcy

Map to Bankruptcy Law office Click here

 Chapter 13 - Chapter 7 Bankruptcy

HOA FAQ’s, Bankruptcy, Do I Still Owe HOA Fees After Bankruptcy

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

Bankruptcy El Cajon 92019, El Cajon 92020, El Cajon 92021,   El Cajon 92022, El Cajon 92090.

Find out if you are still responsible for HOA fees after you surrendered the property. learn when your obligation to the HOA ends. Find out what happems if you don't pay the HOA fees.  it is important you hire an bankruptcy attorney who understand the bankruptcy code as it pertains to HOA's   

 

This is a "Must Read" Article On HOA.

I get calls all the time from debtors who have utilized the services of some other attorney only to discover at the end of their bankruptcy, that they were still personally liable for HOA fees. This is why I believe it is very important to discuss these issues with my clients who have any interest in real property.  Many times the debtor has moved out and believes that they are no longer responsible to the HOA for the fees that they owe.  For all intents and purposes, they made their intentions clear in the bankruptcy  proceeding that they were going to surrendering their property back to the bank/lender.  They only learned later on that they were still liable for the fees as the result of a change under the new bankruptcy code of 2005 [see 11 USC 523(a)16].  However, the new code section really has very little effect due to the nature of the priority of the underlying HOA lien.

The code section clearly states: The fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case.

The important part is that “for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest” this is what makes the debtor obligated to pay this debt.  

It does not matter that the bankruptcy has been filed and the debtor has moved out of the unit since the obligation (liability) continues until the property is foreclosed upon or sold.   Please also remember even after foreclosure, if one still resides in the property prior to eviction, the possessory interest would continue such liability. Bankruptcy code  523(a)16 at this time is not in conflict with 11 USC 365(p) regarding the assumption of leases. Why? Since HOA fees arise from executory contracts and not leases. 

Question:  Is there any way not to pay the debt to the HOA post filing bankruptcy?

There are some options that are available: 

         A.    Probably the easiest solution is to do little if anything. Most of the time any  past due fees are satisfied in        escrow from the eventual foreclosure or sale since the  HOA has a priority over the foreclosing party’s lien and they should get paid out   of the sale or foreclosure.

But this does not always happen for some reason.  If you do not pay the HOA fees, you should put enough money aside to pay the fees and late fees until the exact amount is determined, if any. This way if the claim is satisfied by the HOA you might not be out any costs post filing and if you are, the amount is not that much greater than if you had paid the fees, except for the late fees and interest.

B.     Another possible solution is to execute a deed in lieu of foreclosure or a short sale after the filing date. The problem here this is never really recommended by bankruptcy attorneys in California since it can cause an adversary proceeding.

C.    You can continue to pay post-petition HOA payments as they become due until the property is transferred.

D.     Since you reside in California, you may make the argument that under CCP 726(a)  which  requires pursuit of the property prior to bringing any action against the person (debtor) personally.  The problem here is that most  HOA liens will not qualify as a ”mortgage” and does not fall within the statutory protection of this California code.

I believe taking the safe approach is always better.  Clients should save their HOA fees and don’t spend the fees post petition filing and to hold the amounts pending the results of the eventual transfer.  This way, if it ever becomes a legal  issue,  clients would have the funds to satisfy the obligation.  Most of the time, this is NOT an issue but this gives them a start on a savings account. In the worse case scenario, they have to pay the fee and some late charges and interest.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

This web site is intended for general information only and does make any inference that this constitutes a retainer for my services or that I  represent you.

This communication is an “Advertisement” as defined by the California Rules of Professional Conduct and California Business and Professions Code. No communication herein shall create an attorney-client relationship unless a separate retainer agreement is signed by an attorney and client. This material is for informational purposes only and not intended to provide legal counsel or legal advice to you.

The Bankruptcy and Family Law Office of David A Casey represents individuals and businesses seeking Bankruptcy relief.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

 Bankruptcy, El Cajon Attorney

David A. Casey

(619) 447-6780 Chapter 13 & Chapter 7

HOA FAQ’s, Bankruptcy, Do I Still Owe HOA Fees After Bankruptcy

El Cajon 92019, El Cajon 92020, El Cajon 92021, El Cajon 92022, El Cajon 92090

Do I still owe HOA fees after filing bankruptcy even though I surrendered my residence? I moved out of my home after I filed bankruptcy but before the discharge

 

Residents of  El Cajon, California. You are just minutes away to get your debt relief started.  My office is located next to two major freeways in El Cajon.  Just  minutes away. Let me explain your options to you including the benefits of chapter 7 or chapter 13 bankruptcy under the Bankruptcy Law.

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Free Consultation with a Chapter 13 Attorney  

There are 17 Cities within 15 miles of my office. El Cajon, CA

  • ALPINE, CA
  • BONITA, CA
  • CHULA VISTA, CA
  • DESCANSO, CA
  • DULZURA, CA
  • JAMUL, CA
  • LA MESA, CA
  • LAKESIDE, CA
  • LEMON GROVE, CA
  • LINCOLN ACRES, CA
  • NATIONAL CITY, CA
  • POTRERO, CA
  • POWAY, CA
  • RAMONA, CA
  • Rancho San Diego
  • SAN DIEGO, CA
  • SANTEE, CA
  • SPRING VALLEY, CA

Area of Service: San Diego County, Alpine 91901 Bonita 91902  El Cajon 92019, El Cajon 92020, El Cajon 92021, El Cajon 92022, El Cajon 92090, La Mesa 91941, 92942, 92943, 91944.  Lakeside 92040  Lemon Grove 91945, 91946.  Ramona 92065,  Santee 92071.   Spring Valley 91976 92977 91978 91979 

We are a debt relief agency. We help people file for relief under the Bankruptcy Code. 

Call for Chapter 7 & Chapter 13

El Cajon, California

(619) 447-6780

  Talk to a Bankruptcy Attorney  and compare Chapter 13 to Chapter 7 bankruptcy.

I will give you all the information you need to understand HOA fees and what you may owe and what HOA fees can be discharge.  In El Cajon, Call David A. Casey.

Free Bankruptcy Consultation (619) 447-6780

 

My office is just minutes away from starting your process of becoming debt free again.

Chapter 7 and Chapter 13  Bankruptcy laws are made to help you getting a fresh start.

Call the Bankruptcy law office of David A. Casey today for Debt relief under the bankruptcy code.

 

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Copyright ©2009 by Attorney David A. Casey