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Homeowners Association Debt in Bankruptcy

Woodland Hills Bankruptcy Lawyer

If you file bankruptcy while your homeowners association (HOA) fees are in arrears, you can eliminate the arrearage as part of your debt discharge. However, you are responsible for all HOA fees incurred after your bankruptcy filing. This can be a complicated situation, and you should consult an experienced California bankruptcy lawyer for advice.

Call a Los Angeles-area lawyer at the Leventhal Law Group, P.C. at 818-456-0397.

At Leventhal Law Group, P.C., I focus on bankruptcy, making me especially well positioned to help clients with complex financial issues such as HOA fees. I will explain your options and help you chose the best course of action if you are unable to pay your HOA fees.

You Are Still Responsible for HOA Fees After Bankruptcy

If your homeowners association fees are in arrears and you file bankruptcy, you are still liable for subsequent HOA fees until:

  • You sell the property or the lender forecloses
  • You no longer live in the condo, apartment or town home
  • You no longer have title to the unit

You must meet all of these conditions in order to eliminate your liability for ongoing HOA fees.

Some Options

What can you do in this situation?

  • Pay the post-bankruptcy HOA fees until the conditions above are met.
  • Transfer the property through a deed in lieu of foreclosure or a short sale. This option is seldom in a homeowner's best interest, but it is available.
  • Save the HOA fees until any legal action against you is concluded. Ultimately, you may not need to pay them. This is often the best option, as your lender will need to pay off any liens or encumbrances before reselling the property. Once the lender has taken title to the property through foreclosure, the HOA fees are its responsibility.

As your bankruptcy attorney, I will advise you about all the options available to you and recommend the one that best fits your circumstances and goals.

Contact a Bankruptcy Lawyer for More Information

Call 888-324-9623 toll free to schedule a free initial consultation about homeowners association debt in bankruptcy. You will always speak with me, not a paralegal.

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