Foreclosure in 93510>Question Details

Lynnda, Home Buyer in Brentwood, CA

My parents home is being foreclosed. My name is on the title only- not the loan. HOA just placed a lien against both my parents and I.

Asked by Lynnda, Brentwood, CA Fri Feb 12, 2010

Can they place a lien against a title holder like myself? I have not lived there since 2008. How will this affect my credit? And can i get them to remove it?

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They are correct, Sorry! Whoever is on the deed is a mark for the HOA. You can try to petition to reopen the judgement based on service and make the payment AFTER they remove the judgement.

Unfortunately, this will stay on your credit report as a paid item and will hurt.
Web Reference: http://flavors.me/fredglick
2 votes Thank Flag Link Sat Feb 13, 2010
Please don't comment on subject you know nothing about. You're misleading people.
Flag Sun Apr 13, 2014
Please don't comment on the subject you know nothing about.
Flag Sun Apr 13, 2014
Don't worry it will not affect your credit. I know it for sure because I was in the same situation when my ex stopped paying for our house. My name was on the deed only and it didn't affect my credit AT ALL, which was perfect and it remained perfect. The only thing is you may not be able to get your own mortgage for 3 years.
0 votes Thank Flag Link Sun Apr 13, 2014
Yes, They can place a lien on the title holder. They don't even know or care you is on the loan. Once your parents had difficulting beginning to pay there HOA dues they should have informaed you and taken you off title so you would not be negatively effected. It will affect your credit as a default judgement and they can garnish your wages, levy your bank accounts, Tax Refunds etc....You can get them to remove it by paying the back owed debt, Once they file a suit against you, you can seek for bankruptcy protection. But be careful with that because thats a 1 shot deal. You'll want to be sure that your using it wisely.
0 votes Thank Flag Link Wed Mar 28, 2012
Emily, unless you are an attorney, I think you are really going out on a limb to give legal advice.
Lynnda, I am assuming that the reason that the HOA placed the lien is not because of the foreclosure, but because they also were not paying their HOA dues. This not only affects you, and your parents, but the entire complex because banks will not lend in condos if there are more than a certain percent of owners behind on their HOA dues. I believe that is 10%, but not sure. It is a more recent guideline, but definitely affect the entire association. What you can do, if you parents do not have any money at all, is find out what that outstanding amount is and pay it if you can. You should also make sure that either you or your parents keep the dues current until the bank takes posession of the property.
As far as your credit goes, most likely the credit bureaus will pick this up in a short period of time, and it will affect your score.
0 votes Thank Flag Link Sat Feb 13, 2010
Yes the HOA has every right to file suit against you if the title is in your name only. They do not have a right to file suit against the occupants.

This is and will continue to hurt your credit you most find a way to settle with the HOA because they can file for foreclosure as well. I would assume that title transfer into your name happened after the mortgage so the HOA may be deterred from filing for a foreclosure because they would have to pay the mortgage off in order to take title. Get on the phone and start negotiating you do not want a foreclosure on your record it is life changing and your parents will have nowhere to live.

Here are some of the ramifications of foreclosure, short sale or deed-in-lieu-of-foreclosure, there are many more like your job, yes employers are checking credit records these days.

Your credit score will be reduced by 200-400 points, short sale a little less 100-200 points.

All forms of foreclosure stay on your credit report for 10 years.

After you have gone through foreclosure, short sale or deed-in-lieu-of-foreclosure there will be what is known as the "waiting period", this period of time varies for each and can be reduced if you had some type of extenuating circumstances that caused the foreclosure:
Waiting Periods to Buy After Foreclosure
* Buying After a Foreclosure
The waiting period is 5 years up to 7 years.
* Buying After a Foreclosure with Extenuating Circumstances
The waiting period is 3 years up to 7 years.
* Buying After a Deed-in-Lieu of Foreclosure
The waiting period is 4 years up to 7 years.
* Buying After a Deed-in-Lieu of Foreclosure with Extenuating Circumstances
The waiting period is 2 years up to 7 years.
* Buying After a Short Sale
The waiting period was just upped from 2 to 3 years. However, if a seller does not have a 60-day late pay, that seller may immediately buy another home. It's a reason to stay current on your payments while the home is on the market as a short sale.
In addition to the waiting period, most loans require a minimum down payment of 10% and a minimum FICO score of 680. The home purchase must also be the principal place of residence, not a rental nor a vacation home.

Lastly, most loan applications will ask the dreaded question "Have you ever been foreclosed on?" this stays with you for life, many think that because it will not show up on the credit report after 10 years they can answer "no", well lying on a loan application is a felony that carries a major jail term, so be aware.
0 votes Thank Flag Link Sat Feb 13, 2010
The foreclosure has to do with the mortgage and all people on the mortgage/note will be reported to credit companies. The HOA look at who is on title and thus as long as you are on title, they will try to collect and report all deliquent for credit reporting.

The only way to get removed is to complete a quit claim deed to transfer interest. This will help going forward, however, you may have some legal work to remove for actions already started while your name was on title.


Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee

http://milwaukeebailout.com
0 votes Thank Flag Link Sat Feb 13, 2010
One more thing: You can call Coast Cities Escrow and they can help you with the Quitclaim, it shouldn't cost you more than $40-90 to get this done. You can reach Robin Riley (escrow officer) at 562-596-6030, they're closed on Monday for the holiday OR you can email her at RobinRiley@CoastCitiesEscrow.com she can help.
0 votes Thank Flag Link Fri Feb 12, 2010
The HOA likely placed the lien ONLY on the house, not on you personally. What you can do & I can actually assist you with this, is to Quitclaim yourself off of the title, so the home is ONLY in your parent's names and not yours, since you're not on the loan & likely there will be no profits from the sale (if they owe more than the home is worth)

If you quitclaim yourself off of the title, this lien will not affect your credit.

**If your parent's owe more on the home than it is worth your parents CAN Short Sell the house, do NOT let it go into foreclosure and taken back by the bank. Ultimately I can get the bank to pay the lien, if it is for missed dues payments & other late fees.

If they've also stopped making their property tax payments, I can get the bank to pay their back taxes.

Even if they're 14 payments behind, I can get the bank to agree to a short sale. Your parents could buy again in less than 2yrs so long as they stay current on all other bills.

If it goes into total foreclosure there is not hope for negotiating something like a deficiency judgment that the bank may impose to collect on your parents in the future. If the home goes back to the bank your parents wouldn't be able to purchase again for a min. of 5yrs.

Let me know if you have any questions or concerns at all, I'd be happy to give you guys some more pointers, tips & tricks!

EmilyKnell1@yahoo.com
562-430-3053 cell

*If you post again in this thread, I won't see it, so email or call me directly*
0 votes Thank Flag Link Fri Feb 12, 2010
The HOA will most likely place a lien against the property and send it to collections. Once the house is foreclosed on, the HOA will usually charge off the debt and then re-file a lien on the property which will need to be paid by the bank when the house is sold.

Ryan Gerding
PMZ Real Estate
Manteca, CA
Web Reference: http://www.ryangerding.com
0 votes Thank Flag Link Fri Feb 12, 2010
You are responsible for the HOA dues. They can legally pursue civil action. The lender is only responsible for dues from time they take possession.
0 votes Thank Flag Link Fri Feb 12, 2010
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