I filed for bankruptcy and included my mortgage (which is tenants by the entirety with my wife). She did not file. I also included my homeowner's fees. I re-affirmed my home but not the association fees. The homeowner's association is now saying they want the fee's paid by my wife or they will file a lean and proceed with foreclosure proceedings. Can they foreclose and does my wife any of the fees, half of the fees or none of the association fees.
1 Answer from Attorneys
Is the home in both names? If you filed and your wife did not, then the debt rolls over to her...
If the home is just in your name and you listed the hoa fees, you woudln't have to pay it if you weren't keeping the home. If you intend to stay in the home, then yes you would have to pay the hoa fees. The hoa fees are associated with the home... if you want to keep the home, you must pay the hoa fees. You can however get the late fees waived if in the bk and you pay during that time... unless your wife's name is on it, then it would all go to her.
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