HOA Fees and Bankruptcy
Declared Chapter 7 bankruptcy in March 1990 and debts fully discharged in July 1990. Just received a demand from a collection agency to pay over $3000 in past due HOA fees that incurred within last nine years. The mortgage and timeshare company were listed in the bankruptcy proceeding and notified of final discharge. Mortgage company wanted us to sign a piece of paper transferring the property back to them. Our bankruptcy attorney said no...we would sign a quit claim deed only. We were never presented with one to sign. Collection agency is attempting to collect HOA fees from 1990 to 1999, saying we are still the owners of the property as evidenced by deed records and responsible for these charges. Are we responsible for them? If not, how do we respond to the collection agency?
1 Answer from Attorneys
Re: HOA Fees and Bankruptcy
You need to consult with counsel. If you are still in the property, you owe the fees. If not, you may have a defense.
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