HOA fees after deed-in-lieu (Utah)


#1

I unloaded a property about a year ago (Utah) with a deed-in-lieu. I got this message from my power-of-attorney not long ago:
"On May 21, I signed up the closing package for the bank and delivered it. The bank didn’t record the deed until Aug. 7. (It has been resold as of August–FYI) Fees to HOA accrued until that time. HOA sent bills which I ignored assuming that the transaction would catch up with them and the true owner would be responsible as per statute. Then Novemberish an attorney filed a collection. I contacted the attorney’s office and informed them that we had transferred the property and assumed that would be the end of it, especially since I had no further contact from the attorney. But then a couple of weeks ago I discovered that on Feb. 2 he had obtained a default judgment (fees for June, July and August plus attyt fees totaling $1,590.50) since I had not answered the complaint. Rule 60 of the Utah Rules of Civil Procedure allows for a motion to be filed to set aside a judgment and I have prepared such a motion.

However, the issue is going to be notice. Recording of a document gives constructive notice to the world of the transfer of ownership. When I contacted the attorney’s office, (a condominium services sweat shop) they were attentive to my claim of having deeded the property in May but since it wasn’t recorded till Aug 7, they are saying you are still liable."

HOA received a notice of title transfer on Mar 19.

Any advice? I can’t believe that this situation is even possible…


#2

We cannot provide legal advice and do not currently track foreclosures or processes in Utah. We recommend you continue your inquiry with the Attorney’s office.