A woman is fighting her HOA against foreclosure

On Behalf of | Jun 9, 2022 | Bankruptcy |

Many single parents in Tennessee may relate to a case that is unfolding in another state. It involves a single parent, a mother who has been struggling to get things back on track and make ends meet after a year or more of financial crisis. The woman had worked out a repayment plan with her mortgage lenders, which is why she was shocked when a Notice of Foreclosure was served at her door.  

It turns out that it wasn’t her mortgage lenders who had filed the foreclosure. It was her Homeowners’ Association (HOA). Nearly half of the people in this particular state live in communities that operate under HOAs. The woman said that she had no idea an HOA could file foreclosure against its members. HOAs in Tennessee can do the same thing.  

The HOA also held the woman accountable for its legal fees 

The woman said that she was upset that the HOA in her community would try to take her home away from her and her children. She said she had been making payments but was a little behind due to financial problems she was having. The woman also said that it would be understandable if she had not been making any payments, but that is not the case.  

More than 730 foreclosures filed by HOAs  

In Colorado, where the woman who is fighting to save her home resides, HOAs filed more than 730 foreclosures against members between April 2020 and July 2021. Anyone in Tennessee who resides in an HOA community and may be worried about foreclosure issues can seek guidance from a bankruptcy law attorney. Filing for bankruptcy activates an automatic stay against foreclosure, which has helped many people in the past to avoid losing their homes.  


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