[WSBARP] personal jgt for attorney fees in foreclosure of discharged HOA assessments

[Rob Wilson-Hoss]

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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This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

 

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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