Is an Estate Liable for HOA/Condo Fees & Violations? (w/Examples) + FAQs

Yes, an estate is absolutely liable for a deceased homeowner’s Homeowners’ Association (HOA) or condo fees, violations, and assessments. The core of the issue stems from a foundational legal principle known as “covenants that run with the land.” This principle creates a direct conflict for heirs: while you generally do not inherit a relative’s personal debts, the HOA’s governing documents (CC&Rs) are legally attached to the property’s deed, making the property itself—and by extension, its owner—permanently obligated to the association. This non-negotiable link means that when an owner dies, their financial responsibilities to the HOA do not die with them; they are immediately transferred to the estate and, ultimately, to the person who inherits the home.

The scale of this issue is massive. In states like Florida, up to 45% of all homes are part of an HOA, with the national average for monthly dues hovering around $291. This creates a widespread and often costly challenge for thousands of estates every year. This guide breaks down the complex rules into simple, actionable steps, so you can navigate this process with confidence, whether you are managing an estate, inheriting a property, or serving on an HOA board.

Here is what you will learn:

🏡 The Unbroken Chain of Debt: Understand why HOA obligations are tied to the property itself and how this legal fact impacts the estate and heirs.
👨‍⚖️ Executor vs. Heir: Learn the critical differences between the executor’s temporary duties and the heir’s permanent responsibilities to avoid personal liability.
⚖️ The HOA’s Power Playbook: Discover the legal tools an HOA can use, including liens and foreclosure, and the exact steps they must follow to collect what is owed.
💥 The Super Lien Surprise: Find out if the property is in one of the 20+ “super lien” states where an HOA can gain priority over a first mortgage, dramatically changing the stakes.
🛠️ Your Practical Survival Guide: Get clear, step-by-step instructions and “Do’s and Don’ts” to resolve HOA debts, handle violations, and protect the property’s value.

Meet the Cast: The Key Players in an HOA Estate Drama

When a homeowner in an HOA passes away, a unique legal situation unfolds. It involves several key entities and legal doctrines. Understanding how they interact is the first step to managing the process correctly.

The Property and Its “Covenants”: The Rules That Never Die

The central character in this story is not a person, but the property itself. When a home is built within a planned community, a legal document called the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is recorded in the county land records. Think of the CC&Rs as a permanent rulebook that is legally “glued” to the deed of every property in that community.

These rules “run with the land,” which means that whoever owns the property is automatically bound by them. This is a crucial point: membership in the HOA is not optional. The obligation to pay dues is a condition of owning the property. The owner’s death is irrelevant to the existence of these rules; the property remains in the HOA and continues to receive services, so the obligation to pay for them continues without pause.

The Estate: The Property’s Temporary New Owner

Upon a person’s death, all their assets—bank accounts, investments, and real estate—are gathered into a legal entity called the “estate.” For the duration of the court-supervised settlement process known as probate, the estate acts as the temporary owner of the property. As the new owner, the estate immediately inherits all the property’s obligations, including the duty to pay HOA fees as they come due.

The Executor: The Estate’s Financial Manager

The probate court appoints a person to manage the estate, known as an “executor” (if named in a will) or a “personal representative.” This person acts as a fiduciary. They have a legal duty to manage the estate’s assets responsibly for the benefit of the creditors and heirs.

The executor’s job is to use the estate’s funds—not their own money—to pay the deceased’s final bills and the ongoing expenses of the estate. This includes paying the mortgage, property taxes, and post-death HOA dues. These payments preserve the value of the property until it can be sold or transferred to an heir.

The Heir: The Property’s Permanent New Owner

An heir is a person legally entitled to inherit property from the estate. A fundamental rule of inheritance is that you do not personally inherit the deceased’s debts. The HOA cannot force an heir to pay their deceased parent’s past-due HOA fees from their own pocket.

This protection vanishes the moment the heir officially takes title to the property. By accepting the inheritance, the heir becomes the new owner and is now personally responsible for all HOA dues and assessments from that date forward. They also inherit the property “subject to” any existing problems. If the HOA placed a lien on the property for dues the estate failed to pay, that lien stays with the house, and it is now the heir’s problem to solve.

The HOA Board: The Community’s Enforcer

The HOA board is made up of elected community members. They have a fiduciary duty to act in the best interest of the entire community. This means they are legally obligated to enforce the rules and collect assessments from everyone. While they should act with compassion when an owner dies, they cannot simply forgive debts. Doing so would force all other paying members to cover the financial shortfall.

The Rules of the Game: Why They Exist and What Happens If You Break Them

Every action taken by an executor, heir, or HOA board has a specific reason rooted in law. Each action also has a direct consequence. Understanding the “why” behind the rules is essential to avoiding costly mistakes.

The Great Divide: Pre-Death vs. Post-Death Debt

The law makes a sharp distinction between HOA dues that were unpaid before the owner’s death and those that accrue after. This is not just an accounting detail. It determines the entire collection process.

Pre-Death Debt: Any dues, fines, or special assessments that were delinquent on the date of death are considered a “debt of the decedent.” To collect this money, the HOA must act like any other creditor, such as a credit card company. It must file a formal creditor claim in the probate court within a very strict deadline, which can be as short as a few months. If the HOA misses this deadline, it forever loses its right to collect the pre-death debt from the estate.
Post-Death Debt: All dues and assessments that come due on or after the date of death are not a debt of the deceased. They are an ongoing “administrative expense” of the estate. This classification is powerful because administrative expenses get top priority for payment from the estate’s assets, often even higher than pre-death debts. The executor must pay these ongoing fees to maintain the property, just like they would pay the utility bills or property insurance.

The Lien: How an HOA Secures Its Claim

An HOA’s primary tool for securing unpaid debt is a lien. A lien is a legal claim against the property that is filed in the county records.

Why it’s used: A lien acts as a “cloud on the title.” This means the property cannot be sold or refinanced until the lien is paid off and officially released.
Consequence of inaction: An HOA can place a lien on a property even after the owner has died, using the deceased’s name as the “owner of record.” If the executor or heir ignores the lien, it will continue to accrue interest and fees. It can ultimately lead to the most serious consequence: foreclosure.

Foreclosure: The HOA’s Ultimate Weapon

If a lien remains unpaid, the HOA has the legal right to foreclose on the property.

Why it’s used: Foreclosure is the HOA’s last resort to force the sale of the home to satisfy the debt secured by the lien. This can happen even if the mortgage on the property is current.
Consequence of inaction: The estate or heir loses the property entirely. The home is sold at a public auction, and the proceeds are used to pay the HOA, other lienholders, and any legal fees. An HOA foreclosure can also severely damage an heir’s credit score if the property is already in their name.

Real-World Scenarios: How Things Can Go Right or Terribly Wrong

The interactions between these rules and roles can lead to very different outcomes. Here are three common scenarios that illustrate the process.

Scenario 1: The Proactive Executor and a Smooth Resolution

John’s mother passes away, leaving a condo in a Florida HOA. John is named the executor in her will. He acts quickly and correctly.

Executor’s Smart Move	Positive Result
*Immediate Communication:* John’s attorney sends a letter to the HOA notifying them of his mother’s death. He provides a copy of the Letters Testamentary, which prove his legal authority as executor.	The HOA now has a clear, legal point of contact. They stop sending notices to the vacant condo and communicate directly with John, preventing confusion and accidental delinquencies.
*Request for Account Ledger:* John requests a full, itemized statement of his mother’s account from the HOA. He discovers she was two months behind on dues before she passed away.	He now has a clear picture of the estate’s total liability. He knows the pre-death amount must be handled through a formal probate claim, while he must pay the post-death dues immediately.
*Payment of Ongoing Dues:* John uses funds from his mother’s bank account (now an estate asset) to pay all HOA dues that have accrued since her death. He treats this as a priority administrative expense.	The account is brought current, stopping the accumulation of late fees and interest. The property remains in good standing, preserving its value for the estate.
*Sale of the Property:* John lists the condo for sale. The title company identifies the HOA’s pre-death lien.	At closing, the title company uses the sale proceeds to pay off the HOA’s lien, along with the mortgage. The remaining equity is transferred to the estate, and the debt is fully resolved for all parties.

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Scenario 2: The Unaware Heir and the Debt Spiral

Maria’s father dies without a will in North Carolina, a state where real property can pass directly to heirs outside of probate. Maria and her brother inherit the family home but are grieving and unsure of what to do.

Heir’s Critical Mistake	Painful Outcome
*Ignoring HOA Notices:* The HOA sends monthly dues statements to the house, addressed to their father. Maria sees the mail but assumes the “estate” will handle it eventually and ignores the letters.	Because the property passed to them immediately at death, Maria and her brother are now the legal owners. They are personally responsible for the post-death dues. Their inaction causes the account to become delinquent.
*Failure to Communicate:* Maria never contacts the HOA board to explain the situation or ask for guidance.	The HOA, unaware of the death and seeing a growing delinquency, follows its standard collection policy. They add late fees, interest, and eventually turn the account over to their attorney, adding hundreds of dollars in legal fees to the balance.
*Ignoring the Lien and Foreclosure Threat:* After several months, Maria receives a certified letter from the HOA’s attorney. The letter demands payment of thousands of dollars and threatens to foreclose on the property.	A manageable debt has now spiraled into a legal crisis. The equity in their inherited home is at risk. They now face a potential foreclosure lawsuit, which will further damage their financial situation and credit.

Scenario 3: The Aggressive HOA and the Legal Backlash

An elderly homeowner in California, Mr. Chen, passes away. He was always on time with his dues. The HOA board is new and wants to prove they are tough on collections.

HOA’s Overstep	Legal & Community Ramifications
*Immediate Demand and Lien:* Two weeks after Mr. Chen’s death, before any family member has been appointed executor, the HOA sends a harsh demand letter to his home for the first missed payment. They file a lien the following month.	This action is seen as predatory and insensitive, creating an adversarial relationship with the family from the start. It may also be procedurally flawed if proper notices were not followed.
*Refusal to Cooperate:* When Mr. Chen’s daughter, the future executor, calls to explain the situation and asks for a short grace period while she gets the legal paperwork from the court, the property manager refuses, stating, “The rules are the rules.”	The HOA is failing to act reasonably and is ignoring the realities of the probate process. This refusal to cooperate will likely be viewed unfavorably by a judge if the matter ends up in court.
*Premature Foreclosure Filing:* The HOA’s attorney files for foreclosure just 90 days after the first missed payment. They do this even after being notified that a probate case is active.	The executor’s attorney files a motion with the probate court. The judge, seeing the property is under the court’s jurisdiction, issues a “*stay*” halting the foreclosure. The judge admonishes the HOA for its aggressive actions, and the HOA is forced to pursue its claim through the proper, slower probate channels, having wasted thousands in legal fees.

Common Blunders: The Top Mistakes That Cost Estates Dearly

Navigating this process is filled with potential pitfalls. Here are some of the most common and costly mistakes made by executors, heirs, and HOA boards.

Executor Mistake: Paying Pre-Death Debt Directly. An executor receives a statement from the HOA showing a balance from before the owner died. They immediately pay it from the estate’s checking account. Negative Outcome: This violates the probate code. All pre-death debts must be paid through the formal creditor claim process. By paying the HOA directly, the executor could be held personally liable if other higher-priority creditors (like the IRS or final medical bills) go unpaid because the estate’s funds were improperly used.
Heir Mistake: Assuming No Responsibility After Taking Title. An heir receives the deed to their parent’s condo and moves in. They ignore the HOA dues, believing the “estate” is still responsible or that the debt was forgiven. Negative Outcome: The heir is now the legal owner and is personally liable for all dues from the date they took title. The HOA can now sue the heir personally, place a lien on the property, and even foreclose, putting the heir’s own credit and assets at risk.
HOA Mistake: Missing the Creditor Claim Deadline. An owner dies with a large pre-death delinquency. The HOA board knows about the death but fails to file a formal creditor claim with the probate court before the deadline passes. Negative Outcome: The HOA has permanently lost its right to collect the pre-death debt from the estate’s assets. Their failure to follow procedure means the community must absorb the financial loss, which could have been avoided.
Family Mistake: Unauthorized Entry and Removal of Items. After a death, relatives who are not the legal executor use a spare key to enter the property. They begin removing valuables. Negative Outcome: This can be considered theft from the estate. The legally appointed executor has a duty to secure all assets. They can take legal action against relatives to recover the property. The HOA should not grant access to anyone without seeing a court order (Letters Testamentary) proving their authority.

Key Distinctions: Understanding the Fine Print

To make sound decisions, it is vital to understand the differences between different legal concepts and roles.

Executor vs. Heir: Who Pays for What, and When?

Area of Responsibility	Executor of the Estate	Heir Who Has Taken Title
*Pre-Death HOA Dues*	Responsible for paying this debt from estate assets, but *only* after the HOA files a proper creditor claim in probate court.	*Not personally liable.* The debt belongs to the estate. However, an unpaid lien for this debt will remain on the property they inherit.
*Post-Death HOA Dues*	Responsible for paying these ongoing dues from estate assets as a high-priority administrative expense.	*Personally liable* for all dues and assessments that come due from the date the title is transferred to their name.
*Property Maintenance & Violations*	Responsible for maintaining the property (e.g., lawn care) during the probate period to avoid fines from the HOA.	*Personally liable* for maintaining the property and correcting any violations after they become the owner.
*Source of Funds*	Uses the *estate’s assets* (e.g., the deceased’s bank accounts) to pay all costs. The executor is not paying from their own pocket.	Uses their *personal funds* to pay all ongoing HOA dues and maintenance costs.
*Duration of Responsibility*	Responsibility is *temporary* and ends when the estate is closed and the property is transferred to the heir or sold.	Responsibility is *permanent* and continues for as long as they own the property.

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The Super Lien Surprise: A Game-Changer in Over 20 States

Under the standard rule of lien priority, known as “first in time, first in right,” a mortgage that was recorded before an HOA lien has a superior claim. This means if the property is foreclosed, the bank gets paid first. However, roughly 20 states have enacted “super lien” statutes that turn this rule on its head.

A super lien law gives a portion of an HOA’s lien for unpaid dues “super priority.” This allows it to jump ahead of even a pre-existing first mortgage. This is the HOA’s most powerful collection tool.

In a Non-Super Lien State (like Texas or California): If an HOA forecloses on a $5,000 lien, the buyer at the foreclosure sale takes the property subject to the original mortgage. The bank’s loan is not wiped out.
In a Super Lien State (like Colorado or Nevada): If an HOA forecloses on its super lien, it can potentially wipe out the bank’s first mortgage entirely. The buyer at the HOA’s foreclosure sale could get the property free and clear of the mortgage, leaving the bank with a massive, unsecured loss.

This power forces banks to act. When a mortgage lender in a super lien state receives notice of an HOA delinquency, they will almost always pay the super lien amount themselves to protect their investment. They then add that cost to the homeowner’s mortgage balance. For an estate, this means the HOA can often get paid much faster by putting pressure on the mortgage lender instead of waiting for the slow probate process.

The Decision Point: Pros and Cons of Accepting the Inheritance

For an heir, deciding whether to accept a property in an HOA is a major financial choice. It is not always the right move.

Pros of Accepting the Property	Cons of Accepting the Property
*Gain a Valuable Asset:* You acquire a piece of real estate that may have significant equity or rental income potential.	*Inherit Existing Problems:* You take the property “subject to” any existing liens for unpaid HOA dues, which you are now responsible for paying.
*Access to Amenities:* As the new owner, you gain access to all community amenities, such as pools, gyms, and clubhouses, which can enhance your lifestyle.	*Become Personally Liable for Future Dues:* From the moment you take title, you are personally responsible for all future HOA dues, which can be hundreds of dollars per month.
*Potential for Value Appreciation:* Well-managed HOAs often maintain high property values through strict maintenance and aesthetic standards.	*Face Strict Rules and Restrictions:* You must abide by all HOA rules, which can limit your freedom regarding paint colors, landscaping, renovations, and even where you can park.
*Community and Security:* Many HOAs foster a strong sense of community and may provide enhanced security features.	*Risk of Special Assessments:* You could be hit with large, unexpected special assessments for major community repairs, which can run into thousands of dollars.
*Simplified Upkeep:* The HOA is typically responsible for maintaining common areas, which can reduce your personal maintenance workload.	*Potential for Foreclosure:* If you fall behind on dues, the HOA has the power to place a lien on your home and ultimately foreclose, even if your mortgage is paid.

Your Step-by-Step Action Plan

For Executors and Personal Representatives: A “Do’s and Don’ts” Checklist

✅ DO immediately and formally notify the HOA in writing of the owner’s death. Provide your legal documentation (Letters Testamentary) to establish yourself as the point of contact.
✅ DO request a complete account ledger from the HOA. You need to understand the full extent of any pre-death and post-death debt.
✅ DO use estate funds to pay all post-death assessments on time. Treat this as a priority expense to prevent late fees and liens.
✅ DO inspect the property regularly and handle basic maintenance (like lawn care). This prevents the HOA from issuing violation notices and fines against the estate.
✅ DO communicate openly with the HOA about the probate timeline and your plans for the property (e.g., selling it).
❌ DON’T use your personal funds to pay estate expenses. You should only use the assets of the estate.
❌ DON’T pay any pre-death debts directly to the HOA. Insist that they file a formal creditor claim in the probate court.
❌ DON’T grant access to the property to any relatives or friends who are not the legal heirs without a court order.
❌ DON’T ignore HOA notices for maintenance violations or fines. Address them promptly to protect the estate’s assets.
❌ DON’T distribute assets to heirs until you are certain all HOA debts and other administrative expenses have been paid.

For Heirs and Beneficiaries: A “Do’s and Don’ts” Checklist

✅ DO understand the exact moment the property title transfers to you. This is when your personal liability for dues begins.
✅ DO communicate with the executor to stay informed about the status of the HOA account during the probate process.
✅ DO prepare to start paying HOA dues from your own funds as soon as you become the legal owner.
✅ DO review the HOA’s governing documents (CC&Rs). You need to understand the rules you are now required to follow.
✅ DO consider selling the property if you cannot afford the ongoing costs of HOA dues, property taxes, and maintenance.
❌ DON’T assume that because you didn’t choose to join the HOA, you don’t have to pay. Membership is mandatory with ownership.
❌ DON’T ignore a lien that was placed on the property before you inherited it. It is now your responsibility to resolve it.
❌ DON’T make any exterior changes or renovations to the property without first getting approval from the HOA’s architectural review committee.
❌ DON’T refuse the inheritance (disclaim it) without first consulting an attorney to understand all the legal and financial consequences.
❌ DON’T get into a verbal argument with the board. Keep all important communications in writing.

The Legal Gauntlet: A Detailed Look at Probate and Foreclosure

The Probate Process: A Step-by-Step Guide

Probate is the court-supervised process of settling an estate. While it can seem intimidating, it follows a logical sequence.

Filing the Petition: An interested party (usually the person named as executor in the will) files a petition with the superior court in the county where the deceased lived. They must also lodge the original will with the court.
Appointing the Executor: The judge holds a hearing to validate the will and formally appoint the executor. The court then issues a document called Letters Testamentary (or Letters of Administration if there is no will). This document is the executor’s legal proof of authority to manage the estate.
Notifying Creditors: The executor must publish a notice of the death in a local newspaper. They must also send direct written notice to all known or reasonably ascertainable creditors, which includes the HOA. This notice informs them that they have a limited time to file a claim against the estate.
HOA Files Creditor Claim: To collect any pre-death debt, the HOA must file a formal creditor claim form with the court and the executor before the deadline expires. The claim must detail the amount owed.
Paying Debts and Expenses: The executor uses the estate’s cash to pay all legitimate expenses. They first pay the high-priority administrative expenses (like funeral costs, attorney fees, and post-death HOA dues). Then, they pay the properly filed creditor claims in an order of priority set by state law.
Final Accounting and Distribution: Once all debts and taxes are paid, the executor files a final accounting with the court. The judge reviews and approves it. The judge then issues an order allowing the executor to distribute the remaining assets—including transferring the title of the property—to the rightful heirs.

The HOA Foreclosure Process: A Step-by-Step Guide

If the estate or heir fails to pay the dues, the HOA can initiate foreclosure. The process varies by state, but generally follows these steps, using Virginia’s non-judicial process as an example.

Perfecting the Lien: The HOA must first “perfect” its lien by filing a memorandum of lien in the county land records within a specific time frame (e.g., 12 months from when the first assessment became due). They must send a notice to the owner via certified mail at least 10 days before filing.
60-Day Notice of Intent to Sell: Before advertising the sale, the HOA must send a formal notice to the property owner. This notice specifies the total debt, the action required to cure it, and a date (at least 60 days out) by which it must be paid to avoid a sale.
Appointing a Trustee: After the 60-day period expires, the HOA appoints a trustee to conduct the foreclosure sale. This appointment is also filed in the county records.
Advertising the Sale: The trustee must advertise the time, date, and place of the sale in a local newspaper for a set period (e.g., once a week for four weeks).
Notifying the Owner and Lienholders: The trustee must also send a copy of the sale notice to the owner and any other lienholders (like the mortgage company) at least 14 days before the sale.
Conducting the Foreclosure Sale: The sale is a public auction. The property is sold to the highest bidder, who must typically provide a cash deposit. The HOA can also bid on the property itself.
Distributing the Proceeds: The money from the sale is used to pay, in order: (1) the costs of the sale, including attorney fees; (2) the HOA’s lien; (3) any junior liens; and (4) any remaining money goes to the former owner (the estate or heir).

Key Court Rulings That Shape the Law

The rules governing HOA collections are constantly being shaped by court decisions. Three key precedents illustrate how courts balance the rights of HOAs, lenders, and owners.

Holly Lake Ass’n v. Federal National Mortgage Ass’n (Florida): This landmark case solidified the “first in time, first in right” rule for lien priority in states without super lien laws. The court ruled that an HOA’s lien does not get priority over a mortgage that was recorded first, unless the HOA’s original CC&Rs contained very specific language stating that the lien would “relate back” to the date the CC&Rs were filed. This decision protects mortgage lenders in many states by confirming their top-priority status.
Industrial Commission of North Dakota v. Gould (North Dakota, 2024): In a very recent case, North Dakota’s Supreme Court rejected an HOA’s attempt to claim super priority based on language in its CC&Rs. The court affirmed that unless a state legislature has passed a specific super lien statute, the standard “first in time” rule applies. This ruling shows that courts are hesitant to grant HOAs extraordinary power over mortgage lenders without clear legislative direction.
Homestead at Mansfield Homeowners Association v. Mount (New Jersey): This case clarified who is responsible for paying dues during probate. The court ruled that when a property is part of the general “residuary” estate, the duty to pay ongoing assessments falls squarely on the executor on behalf of the estate. This decision protects a beneficiary from being unfairly targeted for payments that are legally the responsibility of the estate to manage.

Frequently Asked Questions (FAQs)

Do I have to pay my deceased mother’s HOA fees personally? No. You are not personally liable for your mother’s pre-death debts. Her estate is responsible. You become personally liable for all new dues once the property title is officially transferred to your name.
Can an HOA put a lien on a house after the owner dies? Yes. The obligation is tied to the property, not the person. The HOA can place a lien against the property, which is now an asset of the estate, to secure the debt.
What if the estate has no money to pay the HOA? The HOA’s lien secures the debt to the property itself. If the estate is insolvent, the HOA can foreclose on the property to recover the unpaid dues from the sale proceeds.
Can an heir refuse to join the HOA? No. Membership is mandatory and automatic with property ownership. The only ways to end the obligation are to sell the property to a new owner or formally disclaim (refuse) the inheritance.
Is the estate liable for an overgrown lawn or other violations? Yes. The executor is responsible for maintaining the property according to HOA rules during the probate period. The HOA can issue violation notices and levy fines against the estate for non-compliance.
What is an HOA “super lien”? It is a statutory power in over 20 states that gives an HOA’s lien for unpaid dues priority over other liens, including a first mortgage. This gives the HOA powerful leverage to collect.
Can the HOA charge late fees and attorney’s fees to the estate? Yes. If the governing documents and state law allow it, all reasonable late fees, interest, and collection costs can be charged to the delinquent account, which is held by the estate.
The HOA is threatening foreclosure while the house is in probate. Can they do that? They can try, but the property is under the jurisdiction of the probate court. The executor should immediately notify the HOA in writing that the property is in probate, which can often halt the foreclosure.
What happens if a special assessment is approved after the owner dies? The estate is liable. Because the estate is the legal owner at the time the assessment is levied, it is considered an administrative expense that the executor must pay from estate funds.
As an heir, can I negotiate the amount owed to the HOA? Yes. The executor or heir can always attempt to negotiate with the HOA board. They may be willing to waive penalties like late fees or interest in exchange for a clear payment plan.