Foreclosure in 94538>Question Details

Bentley, Other/Just Looking in 92264

Can the bank that owns a foreclosed condo put a lien on a personal bank account for homeowners dues?

Asked by Bentley, 92264 Tue May 29, 2012

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6
In order for a party such as a HOA to obtain money from your bank account, they would have to sue you, win the suit and obtain a judgment against you. Armed with a judgment, they could ask a court to levy against assets that you may have including bank accounts.
The above is just a short version of what I believe the process to be. Of course, I am not a lawyer and you should not rely on my opinion. Check with an attorney for factual legal answers.
0 votes Thank Flag Link Sun Jul 22, 2012
Every state is different. In Texas there are 3 liens that will affect the ownership of your property. We are a Deed state so you are a homeowner once you close.
A mechanic's lien, mortgage or HOA lien are legal and could cause you to lose your home. They have different "periods of solvency". I would also contact a Real Estate Attorney in Texas as they would be the person to assist the Buyer though the legal process.

Good luck!
0 votes Thank Flag Link Sun Jun 3, 2012
Hi Bently, you got a lot of good answers, but if I were you I would contact a real estate attorney....Dawn
0 votes Thank Flag Link Thu May 31, 2012
Bentley:

Your situation regarding delinquent homeowners dues, aka "HOA fees", potentially involves a legal review based on the facts.

However, I would suggest you review the following Oct 2009 post provided by http://www.trulia.com/profile/gracemorioka/ below on this subject:

"California's laws do not allow any homeowners association to file what is called a "super lien" that survives a foreclosure action. Super liens ..."

http://www.trulia.com/voices/Foreclosure/I_owned_a_condo_tha…

-Steve
0 votes Thank Flag Link Wed May 30, 2012
If a bank has put a lien on your personal bank account, I would suggest contacting an attorney for immediate advice.

Good luck,
0 votes Thank Flag Link Wed May 30, 2012
Usually it's not the bank it's the HOA itself. An actual HOA can foreclose on your home as well. If you are not paying your mortgage you should at least pay your HOA. You should look into doing a short sale. Contact a local Realtor .. It's free.
Web Reference: http://Www.laura4homes.com
0 votes Thank Flag Link Wed May 30, 2012
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