Filed for bankruptcy in 2011. Abandoned and discharged my house.

[rreardon227]

Colorado Springs, CO

HOA had dues added to house after it was surrendered and discharged, but according to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was "debted" in 2012. (Which is after I surrendered the house and discharged it in the chapter 7 bankruptcy, and likely when it was foreclosed the first time.) Since the house was foreclosed twice and then sold, am I still responsible after 7 years? (2011 it was discharged and any accrual will had to have started in 2011 and the statute of limitations is 6 years in Colorado). Also note the house bill in 2016 says the HOA has to afford me a 6 month payment plan before sending to collections. There has been no contact since 2011 when the bankruptcy was discharged.

 

[LdiJ]

Colorado Springs, CO

HOA had dues added to house after it was surrendered and discharged, but according to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was "debted" in 2012. (Which is after I surrendered the house and discharged it in the chapter 7 bankruptcy, and likely when it was foreclosed the first time.) Since the house was foreclosed twice and then sold, am I still responsible after 7 years? (2011 it was discharged and any accrual will had to have started in 2011 and the statute of limitations is 6 years in Colorado). Also note the house bill in 2016 says the HOA has to afford me a 6 month payment plan before sending to collections. There has been no contact since 2011 when the bankruptcy was discharged.

I think that the bank chose not to foreclose/legally accept your surrender of the house in 2012 because they did not want to be responsible for property taxes and HOA fees. In 2015 when home prices started going back up they chose to foreclose and sell. If the HOA had a lien against the home for the dues then that lien should have been satisfied as part of the sale of the house. So, either the HOA got paid as part of the sale and should have clawed back or stopped any collection action or screwed up, didn't put a lien against the home and therefore should not be able to collect from you since anything you would have owed for the house should have been discharged as part of the bankruptcy.

I would suggest talking to your original bankruptcy attorney or getting a consult with another bankruptcy attorney to see about what would be the best route to make the HOA correct things.