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I AM CURRENTLY GOING THROUGH A FORECLOSURE ON MY HOME. MY HUSBAND WAS THE ONLY ONE ON THE MORTGAGE LOAN BUT ME AND MY HUSBAND BOTH WERE ON THE TITLE FOR THE HOME. MY HUSBAND SUDDENLY PASSED AWAY A YEAR AGO. SINCE THEN I HAVE NOT PAID THE HOA DUES OR THE MORTGAGE AND HAVE SINCE MOVED OUT OF THE HOME. THE HO ASSOCIATION IS NOW SUING ME FOR THE DUES. MY QUESTION IS AM I RESPONSIBLE FOR THE DUES SINCE MY HUSBAND WAS THE ONLY ONE ON THE LOAN. THE HOA IS SAYING THAT THEY WILL PUT A LIEN ON THE HOME OR START A FORECLOSURE WHICH IS FINE WITH ME BECAUSE I CAN NOT AFFORD THE HOME. I WANT THE BANK TO TAKE THE HOME. MY QUESTION IS WILL THE HOA LEAVE ME ALONE ONCE THE LIEN IS SATISFIED OR COULD THEY OR WOULD THEY COME AFTER ME PERSONALLY FOR THIS. THE LOAN IS UNDER MY HUSBAND ONLY THE TITLE IS UNDER BOTH OF US. PLEASE RESPOND. I LIVE IN FLORIDA. THANKS.

smithsussane · Posted: Thu Apr 28, 2011 10:00 pm Post subject:

Hi JESSIE!

Welcome to forums!

You are not responsible for the mortgage as your name is not mentioned on the docs. However, as your name is mentioned on the property deed, you will be held responsible for the HOA dues. You can pay off the HOA dues and sell off the property.

Feel free to ask if you've further queries.

Sussane

Guest

Hello -

My mother passed away last year and I was not able to sell or afford her place due to the economy so we let it go back to the bank. My question my brother and I were appointed estate representatives and I am now receiving information from the HOA saying my mother / estate of my mother owes for passed dues plus all attorney fees the association has incured. Am I or my brother responsible for anything? we are not on the note, mtg or title. I thought with the foreclosure that the bank is responsible for all HOA fees over due? Any info would be greatly appreciated.

adonis · Posted: Sun May 01, 2011 11:58 pm Post subject:

Hi John,

Your mother's estate will be responsible for paying them. As far as I know, you and your brother will not be responsible for paying anything.

Guest

Hi Adonis -

Your mother's estate will be responsible for paying them. As far as I know, you and your brother will not be responsible for paying anything.

That is what I thought so why am I receiving the threatning letters from the attorneys office? If the bank has forclosed already why isn't the attorneys office in contact with the bank?

smithsussane · Posted: Tue May 03, 2011 12:51 am Post subject:

Hi JOHN!

Welcome to forums!

They can't threaten you for anything. I will suggest you to have a word with your attorney in this matter. As the property is already foreclosed, you should ask those attorneys to have a word with the bank.

Sussane

Guest

Hi Sussane - The thing is I do not have an attorney my mothers friend and I did a lot of research and did everything buy our selves, I did consult an attorney and he said we could contact him as much as we needed to if we had questions. Plus during our consultation we asked him about all the forms and the attorney said that is what I would do so we paid $250 for forms and filing instead of $5000 which was his fee. I had a feeling we were not liable for anything just nice to get reassurance. I have been shredding all letters from association and the there attorney. Thanks for the responses everyone.

Posted: Tue May 03, 2011 11:55 pm Post subject:

It is good to note that the attorney helped you for just $250 and did not take his fees. He just took the money for the forms.

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