If a property in an HOA forecloses, the maximum they can collect is 6 months HOA dues and it's normally paid by the Seller at closing. You should see a credit or debit for the HOA dues on the HUD-1 Settlement statement you received and signed at the closing. A condo allow one year of back due HOA's to be collected on a foreclosure.
On a Short Sale, all HOA and condo dues must be paid in full.
Who was the listing agent? If this was a bank owned property, the seller may have no knowledge of an HOA or be required to investigate to find out if there is one.
DId you pay ALL CASH? If not then your lender also must have disclosed the fact you were buying in an HOA.
Your title insurance policy would also have the disclosure about buying into an HOA.
So unless you closed your eyes and signed your contract, addendums and lender supplied documents, you should have know about the existence of the HOA.
You probably do not have a case against the title company because it is not their responsibility to act as your attorney to review your contract, title insurance committment, etc.
Good luck but be careful before you waste any money on an attorney if you don't have a case!
Here's a very interesting website about living in an HOA:
All the best,
You may need to review your original contract documents to identify the presence of an HOA. Normal transactions will include an HOA disclosure that is signed by both the seller and the buyer and is part of the transaction documents. If you don't have yours, we recommend contacting the real estate company that handled your transaction. They should be able to produce this documentation for you.
In this day and age, anything is possible but it's unlikely that there wasn't some form of disclosure involving this...prior to taking serious legal action, it is strongly recommended that you invest some time collecting information and being certain that your claims are accurate.