Legal Question in Real Estate Law in Virginia

I filed for bankruptcy in May 2009 and was discharged in September. I relinquished a property in the bankruptcy which was just foreclosed in October 2010. We owed HOA dues until then. I have received an order for garnishment for unpaid HOA dues but I thought unpaid dues are settled in foreclosure. I have been out of work for 2 yrs and have lost everything. How do I find out if the HOA was settled during foreclosure.

Asked on 11/24/10, 6:05 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

In VA, HOA dues do not have to be paid at foreclosure. You are liable for them from the date of the bankruptcy filing until the foreclosure. (There may be a basis to argue -- based on the fact that the bankruptcy estate and not you owned the property during the case -- that you are not liable from the filing date through the closing of the bankruptcy case; you are also not liable for any post-filing months for which the HOA accelerated the due date before filing).

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Answered on 11/29/10, 6:23 pm


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