Hope this helps!
As mentioned below, the HOA will have a lien on the property if there are unpaid back dues. I just sold a short sale and the lien was removed once the owner was able to pay the owed amount. All of these liens will have to be satisfied by the lienholders prior to the sale of the property. I also suggest you contact a local realtor experienced in short sales even though you are the buyer. It can be an arduous process and you will need someone to represent your interests througout.
The HOA can put a lien on the property but can not take the property. The first and second on the property will have more clout in the property than the HOA. Do you have an issue on a purchase of a property with the HOA or are you thinking of selling a home and are concerned because you may behind in those payments? I am a Short Sale Specialist in the area and deal with HOAs on purchases and sales. If you have questions or would like to discuss all your options, please give me a call.
Hope you had a good holliday and all my best,
Better Homes and Garden, Previously Prudential California Realty
630 San Ramon, Ca
It is important to realize that while the HOA would love to get their back dues paid they are often more interested in getting a new owner who will in fact pay their monthly dues on time every month. As an agent I have successfully negotiated settlements with HOA's that included a major reduction in the amount paid and also no recourse back to the prior owner. It all depends on the specific circumstances.
Since it appears that you are moving here from Texas I strongly suggest you work with an agent who is familiar with this level of negotiation and can create a win/win situation for all the parties.
The terms of the mortgage lenders should include the pay off of the HOA lien however. They do not want to cloud the title upon transfer.
The HOA not the seller or owner of the unit. But if the seller is delinquent, and the HOA has filed a Notice of Default and lien on the property, the HOA will be one of the lien holders who need to be satisfied.
Unless the seller is selling and the property is listed as a short sale, there is no one who can sell you the property even if you submit an offer, without the seller's full involvement and consent to sell.
Best that you speak with an agent intimately familiar with what is involved in a short sale to explain the process, risks and benefits.
The HOA cannot sell you the property, because they do not OWN the property.
Someone, the Homeowner, the Bank, the new Buyer, someone will have to take care of the back HOA dues.
I wouldn't want to take that on, do you?
Good luck and may God bless