Legal Question in Real Estate Law in California

HOA fees due after Foreclosure

In January of 2007, my interest rates for both my 1st & 2nd mortgages uncreased so high I was unable to make payments. Subsequently, my home foreclosed in December of 2007. I have recently received a letter from my previous HOA stating that I owe them dues for the entire year of 2007. My question: Am I still obligated to pay the HOA fees after my home foreclosed?


Asked on 4/14/08, 7:19 pm

3 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: HOA fees due after Foreclosure

You are responsible for paying the HOA dues through the date of the foreclosure. The new owner is responsible for dues from the time of the foreclosure. HOA dues are dischargeable in bankruptcy, so feel free to contact my office if you need further assistance in that regard.

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Answered on 4/14/08, 7:35 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: HOA fees due after Foreclosure

If the homeowner is personally liable for the HOA fees, which is often the case, you are still obligated. One needs to review the CC&R's to know for sure.

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Answered on 4/16/08, 1:03 am
Robert Mccoy Law Office Of Robert McCoy

Re: HOA fees due after Foreclosure

Yes, and if your house was ever re-financed, you also may owe a deficiency.

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Answered on 4/15/08, 1:51 pm


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