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Old 10-14-2014, 05:42 AM
 
Location: NC
6,032 posts, read 9,210,341 times
Reputation: 6378

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Quote:
Originally Posted by tinytrump View Post
I am not surprised this, this type of things happens all the time with HOA communities- good luck with mom but to me- I'd rally the neighbors, and see who is for her or against her and have them stand up for her, if they are.

An HOA is bound by state law and covenants to not empathize and offer leniency to debts based on any circumstances. Doing so is a breach of fiduciary duty.
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Old 10-14-2014, 05:16 PM
 
1,017 posts, read 1,811,924 times
Reputation: 461
Quote:
Originally Posted by TFW46 View Post
I dont have any legal advice but I agree that this is an outrage.

Contact the local TV stations immediately. I guarantee you that they'll jump at the opportunity to do a feature story on your mother-in-law's problem. And I also guarantee you that, after one of the TV news stations airs this story, the problem will somehow be resolved promptly.

Please report back and update us on what happens.
totally agree. this is just horrible whats happening to this person. another reason I won't move into an HOA
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Old 10-14-2014, 05:18 PM
 
1,017 posts, read 1,811,924 times
Reputation: 461
Quote:
Originally Posted by old_cold View Post
Just what bills do parents leave that children are responsible for?
none that I know of unless ofcourse it was a joint account
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Old 10-14-2014, 05:54 PM
 
51,650 posts, read 25,807,433 times
Reputation: 37884
Quote:
Originally Posted by Suncc49 View Post
An HOA is bound by state law and covenants to not empathize and offer leniency to debts based on any circumstances. Doing so is a breach of fiduciary duty.
^^This^^.

Boards can work out payment plans but they can't just vote to give certain homeowners a free ride.
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Old 10-14-2014, 05:59 PM
 
51,650 posts, read 25,807,433 times
Reputation: 37884
Quote:
Originally Posted by old_cold View Post
Just what bills do parents leave that children are responsible for?
She's going to fuss about until she is penniless and then what?

If the woman gets a reverse mortgage and uses that to live on now, what happens when she needs care? Who pays for that?

In many families, the kids pitch in. They either let Mama move in with them or they supplement her pension and SS check so that she can live in a halfway decent place.

As Mama already has a broken hip and is unable to arrange for a ride to a hearing, let alone home repairs, the handwriting is on the wall.
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Old 10-14-2014, 07:16 PM
 
Location: Mostly in my head
19,855 posts, read 65,818,191 times
Reputation: 19378
Credit card debts and personal loans have to be repaid by the estate. Also any outstanding utility bills. The one loan that dies with the loanee is federal student lians.
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Old 10-14-2014, 07:37 PM
 
9,878 posts, read 14,122,777 times
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Quote:
Originally Posted by SouthernBelleInUtah View Post
Credit card debts and personal loans have to be repaid by the estate. Also any outstanding utility bills. The one loan that dies with the loanee is federal student lians.
Yes, paid by the "estate", which is the money of the deceased. If there is no money/ estate, then the debts die. Children are not responsible for the debts of their parents. People assume the "estate" is the property of the heirs, which is not true. The "estate" is there to settle debts (if any) and the remaining goes to the heirs.

Just because money comes out of the estate to settle debts, it does not mean that the heirs are paying any bills/ debts of the deceased.
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Old 10-14-2014, 08:21 PM
 
Location: Mostly in my head
19,855 posts, read 65,818,191 times
Reputation: 19378
True but there should be something left after selling the place.
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Old 10-14-2014, 08:48 PM
 
9,878 posts, read 14,122,777 times
Reputation: 21792
Quote:
Originally Posted by SouthernBelleInUtah View Post
True but there should be something left after selling the place.
why should there be something left?
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Old 10-15-2014, 06:02 AM
 
51,650 posts, read 25,807,433 times
Reputation: 37884
Quote:
Originally Posted by SouthernBelleInUtah View Post
Credit card debts and personal loans have to be repaid by the estate. Also any outstanding utility bills. The one loan that dies with the loanee is federal student lians.
The bills that are left are the ones that the children co-signed for or signed on for outright. Some children agree to pay for assisted living fees with the expectation they will be reimbursed out of life insurance or the sale of property.

There may be money after selling the house. Or not. I could be that the house is in such poor condition, that after paying closing costs there is little left.

The dear woman sounds like she is in a pickle.

She still owes a mortgage on a home that needs repairs she can't afford to make. She doesn't have enough money to pay cab fare to a hearing on this. She doesn't even have a friend who can give her a lift.

She needs a lot more than the HOA to look the other way. If her family is not able to help her figure this out, perhaps a county social worker can meet with her to arrange a plan.

The HOA is the least of her worries.
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