Klamath, CA Bankruptcy Law Firms & Lawyers

Any past due HOA fees owed up to the time you filed bankruptcy in July, 2010 are discharged, if you received a discharge in your bankruptcy case. The problem comes in when a home with HOA dues is foreclosed upon, but the title doesn't actually transfer. This appears to be the case with you. The home foreclosed in May, 2011, however, it just sold in November, 2011. Those fees should have been paid by the Lender that foreclosed because you are correct in that liens must be cleared to clear title for the purchaser [If there was a lien] Generally, the homeowner remains liable for HOA dues during the time they remain on title to the property. This poses a problem to folks like yourself who have otherwise abandoned the property and the home was foreclosed, yet the bank fails to transfer title and take back the property from you. It's highly likely that you may be obligated to pay HOA dues from the time your bk case was filed in July, 2010 up to the time of foreclosure in May, 2011. Call them to work out a payment plan and call the escrow company to find out if the past due fees were paid through the sale transaction.

If your case was dismissed for failure to pay your plan payments, and if you did not have an attorney you *might* be able to file another case in order to catch up on your mortgage payments. Im not sure what you mean by filing a quit claim against your lender. If you mean that you might grant the lender a deed in lieu of foreclosure, that certainly is an option, but you should have a good understanding of what that means specifically, that you are giving them the deed to your house, rather than forcing them to foreclose on the mortgage. You *might* also have some tax consequences.

Maybe but it also depends on many things like the number of dependents, mortgage payments, car payments, charitable contributions, tax withholdings, medical insurance cost, etc.