Foreclosure in 90403>Question Details

Jim, Other/Just Looking in Johnson, AR

I am living in a rented condo which is in ownership limbo due to a foreclosure the HOA has just asked me to

Asked by Jim, Johnson, AR Tue Jul 1, 2008

start paying HOA dues on a condo I do not own. They are threatening to put a lien on my property if I don't start paying. Is this legal

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Answers

5
Do you have a lease to a property that you rent? Do you pay rent to the landlord?

When you say that the lien can be put on your property (that is different that you rent, right?)

You should sue the landlord who signed the lease, and if you pay your rent, he/she must pay condo fee. If you get a lien after all on your own property, you can fight it to remove based on the proof of rent payment. However, I don't think a clerk in a registrar's office would even consider placing that lien, it is absurd.
0 votes Thank Flag Link Mon Jul 11, 2011
It is legal for them to put a lien on the property, but you are not liable for the debt....don't pay it! good luck to you..
0 votes Thank Flag Link Tue Jul 1, 2008
Jim, the unpaid HOA dues are the responsibility of the owner of record, and the HOA cannot make you pay them because you're not legally a member of the association, you're a tenant. The Association will have to obtain the unpaid dues through their own process during the foreclosure, and it should be getting advice from Association attorneys. If you're not the owner of record, you don't owe the dues. But you should probably start looking for a new place to live as soon as possible.
Julia Huntsman
562-896-2609
0 votes Thank Flag Link Tue Jul 1, 2008
When liens are placed on a property-they have to be paid before a home can be sold. If the home is foreclosed on-the security deed or loan is in first position and essentially wipes out the lien. They can place a lien on the property, but since you do not own it, it should have no effect on you as a renter. If the condo is going to foreclose, the lien that would be placed would be wiped out after the foreclosure. I would say a bigger problem would be if the homeowner does lose the property to foreclosure-you will have to move out.
0 votes Thank Flag Link Tue Jul 1, 2008
Hi Jim! This is Kim O'Casey, Licensed Sales Executive in Syracuse, New York. Where do you live? Much of the law is determined by state and local law. How long have you lived there? What type of property do you own that they are threatening? How many units are in the condo community? What would you say the occupancy rate is in this community? I am very happy to help you with whatever I can. Thanks!
0 votes Thank Flag Link Tue Jul 1, 2008
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