questions & answers

Question: My home foreclosed last April, i was unable to pay the mortgage and the hoa, i tried making arrangements with both parties but was unsuccessful, now over a year later i am getting a letter from a law office saying i need to pay the hoa. Can they take legal action against me?

Answer:

HOA fees are not protected by Arizona's anti-deficiency statutes. (see Anti-deficiency Article)  Generally the duty to pay the HOA fees does not terminate until the title is transferred, the borrower may still be liable for any fees owed up to the point title to the property is transferred. 

For more assistance contact an attorney for specific advice.  Arizona's legal aid agencies has received funding to assist with certain foreclosure related matters, contact the legal aid agency in your county.

Individuals faced with loss of a home through foreclosure/trustee sale or dealing with issues related to a foreclosure can apply for free and reduced fee legal services through the Access to Justice Online Intake System, the link is also available on the top right of AZLawHelp under the “LegalLEARN” section. Individuals may also contact legal aid directly, however due to high call volume there may be long wait times on the phone and the phone system may disconnect calls when overwhelmed. To find the legal aid agency serving a particular county in Arizona, select the desired county in the drop-down under the section titled “FIND FREE LEGAL HELP” on the right column of AZLawHelp.