Here in California, we do not have "rights of first refusal", so the bank taking possession of the foreclosed home is only responsible for those assessments levied from the date of foreclosure. For example, the previous homeowner was in arrears for 10 months and never paid any of their $2000 delinquent assessment. If the bank forecloses on January 31, then the only assessments due by the bank are those levied for this month (February)--the previous delinquency will remain unpaid and does NOT become the responsibility of the bank to pay.
In California, if the homeowners association filed a lien and completed legal measures to enforce the lien, a judge may require the previous homeowner to pay for the assessments up to the date of foreclosure through garnishment of wages or impounds on the individuals personal accounts. However, this action requires more expensive legal actions, so the homeowners association must determine if the added cost is worth the risk of not collecting the fees.
Hope this answers your question!!
Grace Morioka, SRES, CID Consultant
Area Pro Realty
Be awarae that the banks are ignoring local and state laws unles they are held to them. It is basically they will try to get away with as mich as possible.
HOA dues are a personal debt and the HOA can go after the old owner even after the home has been foreclosed upon. It is a common occurrence for this to happen.
So Cal Homes Realty
951 821 8211
I agree with Grace's answer. Your previous answers had no support based on time of possession. Typical realtors want to pass the buck to the lender.This is why legal support is most recommended.
Good luck and good question.
John & Sarena Villaescusa
Keller Williams Realty
First Weber Group
Certified Distressed Property Expert