Foreclosure in Seattle>Question Details

Alfnord, Home Owner in Seattle, WA

If my condo is in foreclosure and i have moved out, do i still need to pay the Homeowners dues?

Asked by Alfnord, Seattle, WA Tue Nov 2, 2010

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7
Alfnord: First off you should read the bylaws of your HOA which can be given to you by the HOA company or a title company. In the bylaws it will state what legal action the HOA can take against you if you don't pay your HOA's. Currently there is an HOA on one of my listings and the HOA bylaws state that the HOA may put a lien on the property for the balance of the unpaid HOA's. If that is done and you sell your property then that will be more money for the buyers or yourself at closing. Ethically you should pay your HOA dues until you move out but if you decide not to then chances are there will be some form of recourse by the HOA firm. I hope this helps!
1 vote Thank Flag Link Mon Nov 8, 2010
Hi, Typically the condo fees are to be paid before transefer of the unit. This can usually be done at the closing for borrowers that are just late with their dues. In a foreclosure situation the bank would be the one to talk to.

Sincerely,

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
Legends Realty Group
914.406.9023
0 votes Thank Flag Link Tue Nov 16, 2010
You have a contract with your lender as well as your homeowners' association. Until you cease to own the own, you are technically still required to pay both. Your decision to move out early doesn't change the contract.

You should probably consult an attorney, as these issues are not going to go away on their own.
Web Reference: http://SeattleHome.com
0 votes Thank Flag Link Tue Nov 16, 2010
If you haven't considered a short sale, I'd definately look into that. Though I have no idea if your foreclosure date is set, you might want to talk to an agent who's done some short sales.

One of my clients is in a similar situation and we are selling the condo short and there are past HOA dues and attorney fees. Buyer has agreed to pay them, so seller won't have to. Each situation is different but this was the best solution for my client.
0 votes Thank Flag Link Mon Nov 15, 2010
Alfnord

I would read Rian's answer while you are calling a real estate attorney. Keep in mind, I'd the HOA has a lien on the property there is a possibility that it goes to first position which would make your mortgage second position and potentially open to deficiency judgments for the next 5 years.

Best of luck.
0 votes Thank Flag Link Wed Nov 10, 2010
A
I don't know. You need to consult with an attorney. I can tell you that the HOA can probably go after you personally. If they don't, your old lender may.
0 votes Thank Flag Link Mon Nov 8, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
The homeowners dues will continue to build, which will be factored into the foreclosure judgement. Have you tried a Short Sale. If you can successfully do a short sale, the overall affect to your credit is not as bad.

More information at the link below.
0 votes Thank Flag Link Mon Nov 8, 2010
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