Foreclosure in Honolulu>Question Details

medidox, Home Owner in Honolulu, HI

Can Hoa foreclose a property that is in a living trust and the spouse is passed?

Asked by medidox, Honolulu, HI Tue Jul 2, 2013

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6
Call Scott Arakaki Attorney, specializes in Real estate law and Probate hee in Honolulu.
HOA can still foreclose on practically atone. Just keep up with mortgage payments.
After 90 days its difficut to bail you out.
Bob Conn< Realtor Associate ( S) Sales
MBA, ABR, CHMS
Drake Properties-Kailua Oahu
808-223-0424 cell
0 votes Thank Flag Link Wed Jul 3, 2013
I agree with the other posters -- in these situations, it's best to speak with an attorney. However, most likely, the answer is 'yes', they can still foreclose on the property.

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0 votes Thank Flag Link Wed Jul 3, 2013
Did the spouse leave a living will assigning you as the" personal representative"
to the property should they pass on?
0 votes Thank Flag Link Tue Jul 2, 2013
I also can recommend a great RE attorney, but a lien put on by an HOA is attached to the property and just because it's in a living trust, it doesn't immunize it from foreclosure proceedings. Timing of when the actual lien was placed can have a factor also. As always, laws differ from state to state.
0 votes Thank Flag Link Tue Jul 2, 2013
Hi Medidox,

If payment is not made, most HOAs will try to foreclose on anyone (including a trust). Sometimes they will work with you to get it straightened out. Once you go 90 days past due, it gets more difficult, of course. Contact David Brittin, a real estate attorney, he can advise you on your situation. I can accompany you on your visit to see him if you like. I was the treasurer at my HOA so I have a basic understanding of how it works.

Frank
808 723 0900
0 votes Thank Flag Link Tue Jul 2, 2013
Please give me a call to discuss.
I have a great real estate lawyer that you may wish to discuss with as well.

Aloha,
David Nash (RA) Epro
Team Leader of TheOahuAgents.com - Hawaii's Technology Agents
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808 271 2223 mobile
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Altera Real Estate
1245 Young st
Honolulu Hawaii 96814
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0 votes Thank Flag Link Tue Jul 2, 2013
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