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Would a Quit Claim Deed get the HOA off my back?

Posted on: 29th Jul, 2010 03:48 pm
I filed Chapter 7 in California back in March of this year and it was discharged on July 14. During the whole process the HOA has tried to collect dues, and it was necessary to involve a lawyer to send them a letter stating that I had relinquished the property to the bank and had filed for bankruptcy and therefore any attempts to collect dues were illegal and subject to legal action.

Today I got another bill from them, dated 7/15 (don't you know?) and demanding I pay HOA dues. I've not lived in the place for a year and utilities have been disconnected, so the place, for all intents and purposes, is abandoned and in the hands of the bank. Would signing a quitclaim deed over to them help matters any?

Thank you so much for any and all replies.
Hi angeluskitty,

Your bankruptcy has been discharged and I hope you haven't reaffirmed the mortgage. In that case, you won't be personally liable for paying anything regarding the property. You should surrender the property to the lender and formally get rid of it. I guess your name is still mentioned as the property owner. So the homeowners association is charging you the maintenance fees. Once you surrender the property, homeowners association won't charge you for the dues anymore.

Thanks
Posted on: 29th Jul, 2010 10:47 pm
That's already been done; it was so stated in the bankruptcy and the bank was granted the motion of relief to take the condo over, which they did. I guess I'll have to threaten them with legal action once again (I did it once before in June.)

Thank you.
Posted on: 30th Jul, 2010 04:55 am
i received a discharge in chapter 7 BK last July-lived in house for almost a year paying the mortgage-never reaffirmed mortgage...sent a quick claim deed to the lender--waiting for reply..
still paying HOA fees...am I responsible for HOA fees until my name is off the deed?
Posted on: 25th Aug, 2010 09:29 am
Hi k!

Welcome to forums!

As your name is still on the property deed, you would be able liable for paying the HOA fees.

Feel free to ask if you've further queries.

Sussane
Posted on: 25th Aug, 2010 11:26 pm
if i do a quit claim deed do i still have to pay my back hoa fees or does the person i quit claim to have to pay. who is responsible for the dues.
Posted on: 10th Sep, 2010 07:54 am
Hi Ham,

A query similar to yours has been answered in the given page:
http://www.mortgagefit.com/propertytransfer/about43587.html

Take a look at it. I hope it'll help you.

Thanks
Posted on: 10th Sep, 2010 10:37 pm
I have the exact same problem with the association, except I did not file for BK. The place was foreclosed, someone else owns it, and they keep charging me the fees they got extinguished at the Trustee sale, and now the new owner, who doesn't pay, is responsible for. Bottom Line: Don't get confused by quitclaim deed etc. No need for that! Who ever is the legal owner is responsible for the HOA fees, not you! If they sue you even after the Bankruptcy, you can go after them for legal action. You can also call that all unlawul debt collection. I would call around some consumer attorneys for unalwful debt collection, which is subject to remedies. I would also send them a legal letter with a copy of the deed of the new owner, who are responsible for the fees.
Posted on: 21st Sep, 2010 07:37 pm
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