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Old 08-27-2001, 10:58 PM
Debbie64
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Association Discharged in BK, Now Wants to Collect


We live in Illinois.

Last year we filed a BK Chap. 7. Discharge was in 11/00. Our property taxes doubled resulting in a $300 increase in mortgage payments. Could not afford the mortgage payments due to a reduced work schedule caused by a medical condition the year before. Townhouse went into foreclosure. Mortgage company and association were listed on the schedule of creditors. Today I received a deliquency notice in the mail from the management office of the association. It states that the association will pursure collection action if we do not pay. I contact and left a voice mail stating that the association was listed and discharged in the BK. The BK was discharged 11/00. The rep from the management office called and left a voice mail message stating that they can sue and collect assessments that have accrued since 11/00. I have called and spoke to this same person on several occasions telling them the TH is in foreclosure and refered them to the mortgage company and the attorneys for the mortgage company as well as our BK attorney. Can the association pursue a collection action when they were discharged and the TH has been foreclosed on?
  #2  
Old 08-27-2001, 11:22 PM
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Join Date: May 2000
Location: Catatonic State
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If you still own the property the HOA can indeed collect fees from the date of BK discharge to the current date.
BK and foreclosure does not give you a free ride forever. Only those HOA fees and amounts listed on the BK petition would be discharged.
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