Legal Question in Credit and Debt Law in Georgia
My husband walked away from his condo and the HOA came after him with a judgement for the HOA fees and won in court because we received zero notice of the court date. His bank account was cleared out and we were able to come up with the money. How do we stop the HOA from doing this again since the bank refuses to finish the foreclosure and remove his name from the property because his lender is in bankruptcy themselves.
2 Answers from Attorneys
You generally will owe the fees as long as the property is in his name. You should have tried to negotiated a settlement providing that it was a full and final settlement of all claims related to the condo. Otherwise, if they have valid claims there is nothing stopping them from pursuing their claims. Even Bankruptcy does not discharge future HOA dues.
He owes HOA fees until and unless his name is off the property. And since you can't make a lender foreclose, that can be forever. You should have negotiated a settlement when they made an error in filing, as that error doesn't prevent a new filing.
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