Question Details

Sassafraz7, Home Buyer in Camarillo, CA

HOA fees in a Forecloser with a prior lien filed

Asked by Sassafraz7, Camarillo, CA Sun Mar 10, 2013

We recently foreclosed on a condo in Southern California. HOA never contacted us until post forecloser via a dept collections( not even certified letter). Non the less, HOA fees statement shows lien filing fees from one year prior to REO. We never received any notification of a lien from HOA. Who is now responsible for the HOA fees. Condo has closed escrow this week to new buyer...

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Mack, we are the prior owners being pursued by collections on behalf of HOA after events described.
0 votes Thank Flag Link Sun Mar 10, 2013
So, you were the lender, you knew that the HOA fees have a statutory priority lien, and you knew your borrower wasn't paying you - did you think that they were keeping up the HOA fees?

The new buyer is responsible for six months worth of delinquent HOA fees. The HOA has to eat the rest, and so that deficiency will be spread out among all of the other homeowners.
0 votes Thank Flag Link Sun Mar 10, 2013
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