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winnie0613 · Oct 17, 2008, 05:13 PM

Hello,
I'll be going to foreclosure, cause the bank told me that they'll doing it so I haven't pay the home association fee.
Can the association kick me out of the house? Cause I'm still living in that house right now.
Thank you

Fr_Chuck · Oct 17, 2008, 05:46 PM

There are some associations that appear to have the right to evict although this is not common. You need to refer to the terms of your HOA rules.

rockinmommy · Oct 17, 2008, 05:52 PM

I agree.

Also, the association dues are due regardless of what's happening with the property. They'll most likely just get a judgement against you. It's not like the owing of the dues will go away once the foreclosure is settled.

winnie0613 · Oct 17, 2008, 06:15 PM

Thank you fr_chuck and rockinmommy,
Means no matter the foreclosure is settled I still have to pay the dues of the hoa fee.
Or just move out?
Tks

rockinmommy · Oct 17, 2008, 06:49 PM

From the date you purchased the house, until the date that the house is transferred out of your name (auction, sale, or bank takes it back) you owe the HOA dues for that time. Just like you owe the property taxes for that time.

You can move, but the dues are still your responsibility as long as you OWN the property.

HOAs differ a lot. Some would just blow this off and figure there's no hope of collecting, others will obtain a judgement against you, which may be allowed to be attached to the property as a lien. I'm sure this differs from state to state and depends on the HOA covenants.

Fr_Chuck · Oct 17, 2008, 07:28 PM

Yes, even if they foreclose you are still going to owe the HOA dues, they can come after your bank accounts, garnish you in some states and more.

Also after the foreclosure depending on your mortgage they may also come after you for the balance after the property is sold.

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