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CL, Other/Just Looking in Scottsdale, AZ

Unpaid HOA dues, Chapter 13, and Co-signer Protection

Asked by CL, Scottsdale, AZ Wed Sep 5, 2012

My ex husband purchased a condo years ago, which I co-signed on for the mortgage and title. He has since stop paying on it as well as the HOA.
The condo went through foreclosure and was sold by the bank, and about a year later he declared Chapter 13 Bankruptcy. Now recently, both he and I have received letters from an HOA collection agency for the past due amount of what was owed between the time he stopped paying and the condo was sold.
Can the HOA collection agency still collect from me upon finding that he declared bankruptcy? My understanding of Chapter 13 and co-signers is that I am protected by it. Maybe not by HOA dues collections however?

Thank you for any light you can shed on this.

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Answers

4
You will want to speak with an attorney on this. Most people answering here won't be qualified to answer your questions.
0 votes Thank Flag Link Wed Sep 5, 2012
You will want to speak with an attorney on this. Most people answering here won't be qualified to answer your questions.
0 votes Thank Flag Link Wed Sep 5, 2012
This really a question for your attorney. HOA assesments are usually separate obligations from mortgage debt.
0 votes Thank Flag Link Wed Sep 5, 2012
A cosigner guarantees the lender that if the primary borrower does not make payments, the cosigner will assume the loan obligations and make payments on it.
Did you fill out an application for that Association? Did you ever live in that communnity?

If they do not have any information on you, you still have a chance to denied payments.

Good Luck,

Maria Cipollone
0 votes Thank Flag Link Wed Sep 5, 2012
Thanks for responding. Neither of us ever lived there, it was an investment property -ironic huh, haha. Unfortunately I don't recall what I signed for it, stupid of me yes, it was my ex's thing and I just signed what he said he needed me to. :-P So far I know that they have my address, which is a new one, so that's creepy. My plan right now is to try and get my ex to contact them and let them know that he's Chapter 13 and so then perhaps they'll realize I am protected by that and cease trying to collect from me. :-/
Flag Wed Sep 5, 2012
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