home association wanting to file lawsuit against homeowner (Phoenix, Avondale: bank owned, foreclosure)

[dvdstar19]

I really need help with my ex-home association from Arizona in the Phoenix-Avondale area. Over a year ago, I moved out of Arizona to Texas because my house was foreclosed because of unable to make payments. I left the house on late 01/08 so I also stopped making the payments to the HOA and after I moved all my stuff out of the house I accidentally left the trash can visible to the street. So to make story short, the association has sent me letters all along this time to my new address in Texas and in the mean time extra fees have been accumulating from violations such as trash can visible to not making quarterly payments to HOA that supposely I am still liable for. Now in 04/09 HOA has sent a letter through a lawyer's office urging me to pay the balance due from all the fees accumulated all this time or they will take my case before a court to file a lawsuit against me. Where's our government to represent us, the taxpayers, our representatives who pass this laws on behalf of this interest groups. Anybody out there who might have an answer on what I can do or maybe an advise??? Please!!!!!!

[ji603]

If your foreclosure took effect in 1/08, then it would seem to me as if the bank owned the home, and would therefore have been liable for the HOA violations, no?

What would be the point of the lawsuit anyhow, to secure a judgment against you and put a lien on property you no longer own?

If a foreclosure's already on your credit report, who cares about an HOA... I'd send 'em off a letter saying you dispute the debt, that you surrendered the property in 1/08, and that they should take up the matter with the bank.

You might get a decent answer over at creditboards.com as well.

[Ponderosa]

Surrendering the property does not relieve you of your obligation to pay the HOA fees. You are on the hook until such time as the bank takes ownership or the place sells. That can be several months.

Your debt to the HOA for the months prior to actual foreclosure was secured by liens on your home that were discharged in foreclosure. But, the debt is not discharged and remains as an unsecured one. So yes, they can get a judgment rather easily and garnish your wages if you do not pay it. The HOAs that are big enough and have retained legal staff do this, the little ones eat the loss.

[Beena]

Well your situation is probably different...like the foreclosure occurred because you lost your job or some circumstance beyond your control.

But 3 of my neighbors walked away from their homes because the value had dropped and they could buy a new property elsewhere cheaper before the foreclosure trashed their credit score. No they didn't pay their HOA dues either, or much care how they left the house. And if any of those 3 ex-neighbors asked me to help them fight our HOA I would recommend they stick it where the sun doesn't shine.

[RicT]

Where's our government to represent us, the taxpayers, our representatives who pass this laws on behalf of this interest groups.

Eh? Color me silly but what has your HOA done wrong here? You simply didn't pay them which is what you promised to do.

I'm amazed at what folks think they're "entitled" to when they don't live up to their contractual agreements.

We live in "interesting" times indeed.

[observer53]

Originally Posted by RicT

Eh? Color me silly but what has your HOA done wrong here? You simply didn't pay them which is what you promised to do.

I'm amazed at what folks think they're "entitled" to when they don't live up to their contractual agreements.

We live in "interesting" times indeed.

That was my reaction, too-- I didn't get what the government was supposed to do or not do here.

[Uhuh]

I don't believe in hoa's , but i look at them the same way I do mortgages and credit cards. You signed up for it, and now you either pay it or let them trash your credit.