Legal Question in Real Estate Law in Arizona

I sold my home through a Short sale about a year and a half ago. Just today I recieved 2 notices from 2 different collection agenices one for the HOA fees that are past due and the other for the full balance of the 2nd mortage that was on the home. Can both of these be disputed and removed from my credit or am I under obligiation to pay these debts even after the home was sold?


Asked on 6/24/11, 4:50 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

If the CC&Rs;provide that you are personally responsible for the HOA fees, then yes, even though the house was sold, you are liable for those fees that were not paid at the closing of the sale to your buyer. Check the HUD statement to see if any or all of the HOA fees due, were actually paid.

Regarding the second mortgage, it depends upon what the funds were used for which will determine if it falls under the anti-deficiency statute protection. You are liable for repayment of that loan if the funds were used for anything other than buying or improving the home.

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Answered on 6/25/11, 12:31 pm


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