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Can a Homeowners Association sue you for payments when the house is bank owned?

We lost our home in 2010 when my husband had to take a huge pay cut (State worker in CA).

We had a foreclosure notice from the bank & a notice that they would sell the house in December.

Our HOA fees were paid until the end of the year.

The house didn't sell right away & our attorney said that the HOA would put a lien on the property to collect the next quarters dues. We did not hear from them until last Friday when we were served with a summons to go to court.

I have my receipts for the payments made & copies of the foreclosure notice that indicates the house is bank owned & no longer in our name.

Anyone know what else we can do? We're going to fight it & want to be prepared.

They have added a ton of extra fees & turned a $140 bill into $1,600!!!!!!

Update:

I forgot to add that we sent the payment in January with a bank certified check but they returned it to us. This is why the attorney said that they were most likely liening the property.

3 Answers

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  • 9 years ago
    Favorite Answer

    You only owe fees for the time you owned the home. If the bank completed the foreclosure process in December then you owe nothing. If the bank didn't complete the foreclosure process until January then you would haves owed January's dues. If the completed foreclosure in February then you owe january and February....and so on.

  • 9 years ago

    You are responsible for the fees for as long as your name was on the deed. If it is in foreclosure you still are the owner so you pay those fees. It isnt until the foreclosure is formalized.

  • Anonymous
    9 years ago

    until the house is actually sold, you are liable for those fees

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