Failure to pay HOA fees can result in them either moving to file a lien or even going to the foreclosure step. If the lender gets wind of that, they may initiate foreclosure as well in an attempt to preserve their interests - just as Grace mentioned.

Hank Miller, SRA, ABR
Associate Broker & Certified Appraiser
Prudential GA Realty
678-428-8276

Based on my past experience, the bank will not foreclose as long as your mortgage is being paid, however, the HOA will eventually file a judgment and place a lien on your property.

Hello Slackey and thanks for your post.

No, the bank will not foreclose for your not having paid the HOA fees, but the HOA can and will foreclose. If the bank gets 'wind" of an impending foreclosure by the homeowners association and you are one or two months late in payment of your monthly mortgage, the first mortgage holder may attempt ot "end run" the HOA by commencing a foreclosure action of its own.

However, if you are current in the payment of your monthly mortgage and have still received a Notice of Default or Notice of Trustee's Sale, then the HOA is the group with whom you must contact (immediately) to pay off the amounts due. The HOA will be easier to deal with than a mortgage company in a similar situation, but the key is to move quickly to prevent the loss of your home for a few thousand dollars in back HOA fees.

Good luck!!

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
Co-Author: Homeowners Asssociations: A Guide to Leadership and Participation