Virginia  |  Real Estate Law

Legal Question

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

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.

1 Answer

Answered on: 11/29/10, 6:23 pm by Daniel Press

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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