Legal Question in Bankruptcy in California

Hi, my name is Greg and I am being sued by my old Homeowners Assoc. for fees and assessments after filing bankruptcy and being foreclosed on. Am I obligated for homeowners association fees after foreclosure and bankruptcy and what is the statute of limitations for a suit like this in California.


Asked on 6/16/14, 10:39 am

1 Answer from Attorneys

Peter Lago Peter L. Lago, Atty at Law

While your pre-bankruptcy HOA dues are discharged if there was no lien filed by the HOA prior to your BK, you continue to be responsible to post-BK HOA dues for as long as you remain the OWNER OF RECORD on the property!! Those dues continue to accrue and the HOA can sue up to the time the new owner took title. If the bank bought back the property or someone bid on it and got it, make sure they filed a deed after foreclosure and became the new owner of record. Otherwise you're still on the hook and if the amount is substantial you may have to file for further BK relief (Ch 7 if it's more than 8 years since the last one or a Ch 13 if you qualify for that). Must consult with an attorney to analyze the facts.

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Answered on 7/25/14, 11:10 am


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