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Homeowners Dues included in Schedule F creditors holding claims...can they collect on it?

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reno55
Regular Contributor

Homeowners Dues included in Schedule F creditors holding claims...can they collect on it?

My wife and I discharged our BK in March 2013. In reviewing our reports it seems that our homeowners association where we live is trying to collect on past due fees that were included in the BK.

 

Can they legally do this?

Message 1 of 4
3 REPLIES 3
reno55
Regular Contributor

Re: Homeowners Dues included in Schedule F creditors holding claims...can they collect on it?

Anyone?

Message 2 of 4
ezdriver
Senior Contributor

Re: Homeowners Dues included in Schedule F creditors holding claims...can they collect on it?

They can and will likely put a lient on your property to secure future payment of the dues. It is no different from a lender's lien on your property that cannot be removed by a bankruptcy discharge. Read your HOA documents.

Message 3 of 4
StartingOver10
Moderator Emerita

Re: Homeowners Dues included in Schedule F creditors holding claims...can they collect on it?

The HOA can actually f/c much faster than a bank. They can even f/c if your current mortgage payment is current rather than behind as the HOA's lien takes priority over a mortgage loan. I have seen HOA f/c's where the borrower has a discharged BK, the bank has started (but not finished) their f/c and the HOA runs in and files a lien, f/c's on the lien and then rents out the property (if it is vacant) until the bank can complete their f/c process. The stated reason HOA's do this is to recapture HOA fees, penalties and attorney fees incurred in the collection process.

 

Check with your BK attorney to find out exactly what you can do now.

Message 4 of 4
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