Foreclosure in Milwaukie>Question Details

Terry, Other/Just Looking in Milwaukie, OR

I am facing a foreclosure on my condo, I am current on my HOA. Am I still responsible for the HOA fees AFTER the foreclosure?

Asked by Terry, Milwaukie, OR Mon Jun 4, 2012

I was told that sometimes banks don't transfer title to themselves for a long time after they foreclose on the property and that as long as the house is in my name, I am responsible whether I live there or not.

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4
Well whether you live there or not - if the bank has forclosed on you then you will not be responsible for the HOA fees. The title company is responsible for making sure the property gets transferred to the banks with no other loans/liens attached to it....
1 vote Thank Flag Link Mon Jun 4, 2012
HOAs have a number of options to recover past due HOA fees, though it may be hard for them to recover the fees from an absentee owner. Eventually, if not paid, the HOA could place a lien on the property, which can cloud the title, and make transferring the property difficult.

It occasionally happens that an owner doesn't pay HOA fees when they get into financial trouble, and when a lender takes back the property through foreclosure, that lender is usually on the hook to pay the fees in order to make it possible to re-sell the property. Whether that lender has any legal right to later go after you, the prior owner, for the unpaid fees, I am not sure. I, too, would recommend that you talk to a lawyer.

Some lawyers will answer general questions like yours over the phone at no charge. If you aren't able to get your questions answered free, the Oregon State Bar offers a great service where they will connect you with a real estate lawyer for a half-hour consultation for $35. You can contact the bar association's Lawyer Referral Service toll free at 1-800-452-7636, or submit a request for an LRS referral online at: http://www.osbar.org/public/ris/lrsform.html

Best of Luck!
0 votes Thank Flag Link Mon Jun 18, 2012
Robin is correct and the attorney she referred is a good one. HOA's can file liens on the property so it's important to get that question sorted out ASAP.
0 votes Thank Flag Link Wed Jun 6, 2012
I'm so sorry to hear of your having to deal with foreclosure. In answer to your question...you are wise to keep the HOA fees current. HOA's have the right to get satisfaction on any your are owing. You should continue to pay your fees (if you can) until the bank takes ownership of your property. Any fees you are not current on up until that time you can be responsible for. As a an Oregon Broker I am not licensed to provide you legal advice. I can refer you to a trusted real estate attorney who is reasonable and fair and can give you exactly the advice for your situation. Her name is: Kathryn Brooke with Brooke Law Office LLC. Here's her website: http://www.BrookeLawOffice.com

I wish you well with your journey, It will get better.
Robin
0 votes Thank Flag Link Tue Jun 5, 2012
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