HOA About to Sue Me - HELP!

[website2560]

What is the name of your state (only U.S. law)? New York

Hello, my townhouse/condo in Suffolk County has been in foreclosure status since October 2011.
We have been unable to pay the mortgage for several months. The house has been vacant.

The Homeowners Association (HOA) is expecting us to pay common charges due for the
past few months plus late fees and their lawyer fees.

Do we have to pay these things? The HOA and their lawyer is about to sue us. Please help!

 

[Zigner]

What is the name of your state (only U.S. law)? New York

Hello, my townhouse/condo in Suffolk County has been in foreclosure status since October 2011.
We have been unable to pay the mortgage for several months. The house has been vacant.

The Homeowners Association (HOA) is expecting us to pay common charges due for the
past few months plus late fees and their lawyer fees.

Do we have to pay these things? The HOA and their lawyer is about to sue us. Please help!

You are obligated to pay them.

Perhaps you need to consider bankruptcy...

 

[sandyclaus]

What is the name of your state (only U.S. law)? New York

Hello, my townhouse/condo in Suffolk County has been in foreclosure status since October 2011.
We have been unable to pay the mortgage for several months. The house has been vacant.

The Homeowners Association (HOA) is expecting us to pay common charges due for the
past few months plus late fees and their lawyer fees.

Do we have to pay these things? The HOA and their lawyer is about to sue us. Please help!

It's still your condo. What makes you think you don't have to pay for the overdue HOA fees that you have failed to pay thus far? And if the HOA rules and laws allow for it, they can most definitely make you pay the legal fees (attorneys fees and court costs) in order to pursue you in court to get them.

 

[website2560]

You are obligated to pay them.

Perhaps you need to consider bankruptcy...

Zigner, thanks for your reply. Do we have to pay their lawyer fees also?
I don't remember signing anything that says we have to pay HOA fees (nonetheless lawyers fees!) if we don't live there and if we're in foreclosure status.

 

[FlyingRon]

Zigner, thanks for your reply. Do we have to pay their lawyer fees also?
I don't remember signing anything that says we have to pay HOA fees (nonetheless lawyers fees!) if we don't live there and if we're in foreclosure status.

It's almost certainly in the association bylaws, which you were bound to when you bought the property. The fact that you don't live there means squat. The fact that you're bailing on your obligation to the mortgage means squat.

 

[sandyclaus]

Zigner, thanks for your reply. Do we have to pay their lawyer fees also?
I don't remember signing anything that says we have to pay HOA fees (nonetheless lawyers fees!) if we don't live there and if we're in foreclosure status.

Whether or not you live, you still are obligated to pay your HOA fees.

The fact that you are in foreclosure status only means that you are ALSO not paying your mortgage. It doesn't mean your HOA fees are magically waived.

Not paying one financial obligation doesn't usually equate to being let off the hook for others as well.

 

[website2560]

Thanks for the responses so far. Any other opinions?

Any chance the bank will pay the HOA fees?
I have Bank of America.

 

[sandyclaus]

Thanks for the responses so far. Any other opinions?

Any chance the bank will pay the HOA fees?
I have Bank of America.

Why would the bank pay your HOA fees? They are YOUR obligation, not the bank's.

I don't think you are getting this. No one is going to pay those HOA fees for you. As long as you are the owner, you and only you are liable for payment of those fees. If you don't pay, it seems that the HOA can and will be suing you to recover them.

If your property is in the foreclosure process, there is probably a good chance that you will end up losing the home, and that will end up on your credit report. If you ALSO fail to pay the HOA fees and end up with a judgment against you for those, that will ALSO be on your credit report.

I understand that times are tough, but no one pays your bills for you. And if you don't pay them yourself, then the consequences are going to follow you for some time to come.

 

[website2560]

Thanks for your help.

Where can I find the association bylaws??

 

[Zigner]

Thanks for your help.

Where can I find the association bylaws??

Ask them (the HOA) for a copy...

 

[HomeGuru]

Ask them (the HOA) for a copy...

**A: yeah, we sure don't have copies.

 

[private_person3]

Zigner, thanks for your reply. Do we have to pay their lawyer fees also?
I don't remember signing anything that says we have to pay HOA fees (nonetheless lawyers fees!) if we don't live there and if we're in foreclosure status.

Even if your Docs don't spell out that the HOA can specifically collect lawyer fees, State law says they can. An HOA's ability to add on the legal costs incurred to collect your bill, onto your bill, has been upheld in the NY courts.

As for filing for bankruptcy, which someone recommended. At best, that would only relieve you of your current financial problems. The bills however, would start piling up again the very next day. Bankruptcy won't remove your responsibility to pay your dues. The only thing that can do that, is getting rid of the unit.