[WSBARP] personal jgt for attorney fees in foreclosure of discharged HOA assessments
Rob Wilson-Hoss
rob at hctc.com
Fri Feb 12 11:06:30 PST 2016
Rod, HOA is entitled to personal judgment for post-bankruptcy filing
assessments and related charges and fees, and, if there is a basis for
fee-shifting (and there almost always is), for reasonable fees to collect
this personal judgment. It is also entitled to reasonable fees to do the in
rem judgment. If the Sheriff's sale does not net enough to satisfy the
judgment, then there can be an excess amount that is made up of the personal
judgment for the delinquency and/or the personal judgment for fees. And the
facts will determine if this amount can be a personal judgment; the facts
will include what the judge says about segregating the attorney fee award,
for example. Another way of saying all this is that you have to think about
what parts of the judgments are joint and several between the in rem
judgment and the personal judgment, and what parts are not.
At least that's what I get away with....
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Friday, February 12, 2016 10:29 AM
To: 'WSBA Real Property Listserv'; REALPROP at yahoogroups.com
Subject: [WSBARP] personal jgt for attorney fees in foreclosure of
discharged HOA assessments
HOA is foreclosing its lien securing unpaid assessments that were discharged
in bankruptcy. HOA is seeking an in rem judgment against the property only,
except HOA is seeking a personal judgment against the debtor for attorney
fees incurred in bringing the action. Is the HOA entitled to the personal
judgment?
Rod Harmon
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com
rodharmon at msn.com
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