How To... in 85017>Question Details

Suzzane, Renter in Phoenix, AZ

what are my options? my family own the unit ive been Iiving in! Its paid in full,but auction(sherriffs) due to, property tax& HOA dues!

Asked by Suzzane, Phoenix, AZ Fri Jun 15, 2012

how can I represent as a third party fam.member do to illness?the owner is incapacitated and cant get em to acknowledge It is only days away! I want to stop the auction and turn it into a quick sale,possibly.

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The facts are confusing.

Did the HOA get a judgement and now are enforcing it by foreclosing? Call the HOA management company and ask to talk to their lawyer handing it. HOA's will often work something out if you can make payments.

Is this a sheriff's sale? Or is the county auctioning your back tax liens? Call the County assessors office for an explication on the taxes and tax liens. With a tax liens you usually have 3yrs to pay them off before the buyer gets to seek possession.

My guess is that whatever is happening is not a combination of HOA and Taxes. Get legal advice from a real estate attorney immediately.
0 votes Thank Flag Link Fri Jun 15, 2012
You should definitely contact an attorney for the proper advice for your particular situation. You mention property tax issues and HOA. Those are completely different. If you are behind on property taxes the home won't be foreclose on, but the tax lien can be put up for sale. If someone bids and wins a tax lien, you have 3 years to redeem it from that person, and you will need to pay the full back taxes plus interest to that party. If the HOA has a lien, they can foreclose and that is your more pressing matter. Not knowing what is owed for these liens and the value of the property, no one can give you the proper advice. But, chances are that the amount owed doesn't come close to the value, so you should try to pay off the liens to keep the property. Consult an attorney to guide you through it if you don't know.
0 votes Thank Flag Link Fri Jun 15, 2012
Your best option is to talk with a Real Estate Attorney. You could pay the property tax and HOA dues and stop the auction. If you fail to resolve anything prior to the auction you could go to the auction, but I would try to take care of it prior.

Best Regards,

Brenda

Ron & Brenda Cunningham
West USA Realty
602-980-3133

* Recognized in the Phoenix Business Journal as "One of the Top 50 Realtors in the Valley"
0 votes Thank Flag Link Fri Jun 15, 2012
Your best option is to talk with a Real Estate Attorney. You could pay the property tax and HOA dues and stop the auction. If you fail to resolve anything prior to the auction you could go to the auction, but I would try to take care of it prior.

Best Regards,

Brenda

Ron & Brenda Cunningham
West USA Realty
602-980-3133

* Recognized in the Phoenix Business Journal as "One of the Top 50 Realtors in the Valley"
0 votes Thank Flag Link Fri Jun 15, 2012
Your best option is to talk with a Real Estate Attorney. You could pay the property tax and HOA dues and stop the auction. If you fail to resolve anything prior to the auction you could go to the auction, but I would try to take care of it prior.

Best Regards,

Brenda

Ron & Brenda Cunningham
West USA Realty
602-980-3133

* Recognized in the Phoenix Business Journal as "One of the Top 50 Realtors in the Valley"
0 votes Thank Flag Link Fri Jun 15, 2012
I have a couple of real estate attorneys that you could contact if you would like I can send you the information. You will need to get some help!
0 votes Thank Flag Link Fri Jun 15, 2012
call your county assessor's office and talk with them about your options. You have options, but you should act before the tax auction takes place.
0 votes Thank Flag Link Fri Jun 15, 2012
take a check to the auction and buy it.
0 votes Thank Flag Link Fri Jun 15, 2012
Stan's thoughts are very logical. If back taxes and HOA dues are the problem, solve them and you may solve the problem. However, there are way too many details for anyone to know how to fully solve your problem, especially if the trustee sale date has been set.

A good real estate attorney would likely have the knowledge you require.
0 votes Thank Flag Link Fri Jun 15, 2012
I'm not a lawyer but why don't you pay the TAxes and HOA that should stop the auction.
Call me if you would like the name of a realestate lawyer.

Stan 602-486-1486
0 votes Thank Flag Link Fri Jun 15, 2012
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