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Home Owners Associations


Sgt Ryan
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Long story short.

 

I went through a divorce last year, my ex kept the house, though the mortgage comany would not remove me from the loan.

 

 

My ex didnt pay the HOA dues in July 2008, for $525.00

 

Today is the first I heard of this, when I received a letter at my office saying a lein of $1250 has been placed on my old house.

 

The letter also said the house is pending forclosure unless I pay the $1250.

 

My ex wife has filed for bankruptcy, though its not final yet.

 

Im taking it that I am responsible for the full amount when her bankrputcy is filed.

 

And will the HOA take ownership of the house, if its forclosed on. And why would they want this house. I think this is probably a threat

 

 

 

Any advice appreciated

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Long story short.

 

I went through a divorce last year, my ex kept the house, though the mortgage comany would not remove me from the loan.

 

 

My ex didnt pay the HOA dues in July 2008, for $525.00

 

Today is the first I heard of this, when I received a letter at my office saying a lein of $1250 has been placed on my old house.

 

The letter also said the house is pending forclosure unless I pay the $1250.

 

My ex wife has filed for bankruptcy, though its not final yet.

 

Im taking it that I am responsible for the full amount when her bankrputcy is filed.

 

And will the HOA take ownership of the house, if its forclosed on. And why would they want this house. I think this is probably a threat

 

 

 

Any advice appreciated

 

 

Check with your divorce attorney. I would assume she's responsible for this if she was awarded the home. Not sure they could legally come after you. Might cause a mess on your credit report though.

 

I think checking with a lawyer is key.

 

If the house is an asset you want to keep, then perhaps something such as paying off this debt in exchange for your ex-wife signing a quit claim giving you the house back is a possibility, especially if you are in a position to refinance the house into just your name or buy your ex-wife out, etc.

 

Either way, you are likely gonna take a hit on this, at least on your credit, as you are still on the title for the house.

 

But, most importantly, check with your attorney.

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Getting yourself off the deed will not get rid of your responsibility as long as you are on the mortgage. She needs to refi in her name only (good luck as it sounds her credit is destroyed). Sell the house immediately and pray you at least break even.

Edited by TimC
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Who the F gets divorced and still leaves the house under their name? If you don't live there and you are no longer married to the person who lives there than you should have had a sale or refi when the divorce went through. Check with a lawyer but I wouldn't go to the same monkey that let you two fudge this up the first time. :wacko:

Edited by Square
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A few things:

 

If you are still an "owner" on the deed and the mortgage, you are hosed.

 

Call the mortgage company and explain that you want the house and are willing to refi it under your name only. See what they say. In today's climate, I am sure they don't want another bad loan on the books.

 

Contact the HOA. Though they can try to scare you and have legal ground for doing so, a judge would LAUGH them out of the courtroom if they tried to "forclose" on the property for even a couple thousand. It is more likely that they are going to put a lien on the property and that before it can be sold, the obligation will have to be paid by someone. This means it will not have a clean title. Too often, HOA's are run by rotten old sh!ts who get off f'n with people. Try to find the most reasonable on the board and deal with that person. Let them know what is happening and that you intend to make all good, but need some time. You will probably not avoid a lien on the property and the associated legal costs that come from the letter the HOA's lawyer will write to you.

 

If the ex is going to lose the house anyway, she could "quit-claim" the property to you. If she is being a pain, then going through a lawyer and the mortgage company may be your only hope.

 

Like I said. It will take a lot of work to come out smellling pretty, or, you're hosed.

 

Good luck!

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