I am a short sale & fourscore expert. Call me & we can discuss.
Yes, the HOA has the right to do so because HOA dues are looked at as personal liens & do not fall under CA rules of "none resource" state which means lenders can not come back after you for payments, but the HOA can. There are past judgments in the state that the courts use as past presentence.
The Knapp Team
Nest Seeker International
you should definitely contact a real estate attorney to get advice on this one. We're agents, so we can't give you legal advice.
Having said that, my understanding is that HOAs generally get paid when the property sells, and the bank should have settled it back when they sold it. I would think that at this point, it would not be your responsibility.
But again - talk to a lawyer before paying it or deciding not to.
You foreclosed on your mortgage, but that does not cover the unpaid debts to the hoa. You will likely need to pay something back to the hoa. I suggest you try to negotiate (either yourself, or through an attorney) a reduction of late fees, and set up a repayment plan.