Legal Question in Real Estate Law in Minnesota

We decided to do a strategic default on a townhome my wife owned and let it go into foreclosure. The bank has taken their time moving ahead with the process. In the meantime the HOA has been attempting to collect the HOA dues. We just received a summons for small claims for the unpaid dues. We left the house July '12, over a year ago (Sept. '12), the locks on the property were changed (assumingly by the HOA because the bank still hasn't started the foreclosure process). My question is, if they changed the locks on a home that we owned (not rented), are we still required to pay the dues after that date since it was then not possible for us to be occupying the residence?


Asked on 1/16/14, 5:03 am

2 Answers from Attorneys
Morgan Kavanaugh Wilkerson & Hegna, PLLP

You are most likely still on the hook to pay the dues because you are still the owner of the property. Until the bank forcloses and takes legal title to the property through the foreclosure process, you still own the property. In most associations, the association has the power to collect dues against the owner, and if unpaid, they have the right to file a lien against the property and/or sue the owner personally for the unpaid dues. An attorney should review the underlying legal documents to ensure that's actually the case. In many situations, the HOA may be willing to negotiate a settlement prior to a court hearing to avoid incurring any further costs.

Read more
Answered on 1/16/14, 7:27 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Generally, an owner is liable for such fees. Attorney review of all underlying legal work is needed in order to provide a legal opinion. A settlement with the HOA may perhaps be negotiated. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, http://dwyerlawfirm.net

Read more
Answered on 1/16/14, 1:09 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Minnesota