Foreclosure in 77071>Question Details

Lindsey, Other/Just Looking in Houston, TX

If HOA fees haven't been paid in 4 years can the HOA foreclose on your property?

Asked by Lindsey, Houston, TX Thu Jun 26, 2008

My grandfather died about 4 years ago and HOA fee's haven't been paid but the property taxes are up to date and paid. The house is in probate so nothing has been done with the property. Can the HOA still Foreclose?

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7
Lindsey,
You have an attorney, or should if in probate, but probate attorneys are not always versed in Real Estate. But you really did not ask us for Legal advise you asked for the answer to a fact of Real Estate in Texas.
The answer is Yes and No.
If there is still a first mortgage the HOA can not foreclose. If there is no first mortgage the HOA can foreclose.
When there is a first in Texas they are the only ones that can foreclose but once that is paid the others can play first come.
I you or the deceased still owes on the property the HOA can place a lien on the property so that clear title does not transfer until they are paid.
Margaret
0 votes Thank Flag Link Thu Jun 26, 2008
In Georgia you can place a lien on property from the HOA and it has to be paid to allow for clear title.
0 votes Thank Flag Link Thu Jun 26, 2008
Just remember, HOA's, in TEXAS, can foreclose on a property within their association for non-payment. All here have said that, I know. HOWEVER, the one main thing I have not read here is CONTACT A REAL ESTATE ATTORNEY or let the attorney taking care of the probate take a look at that situation.
This is a legal question, and as a Realtor, I am not suppose to give legal advice. I can give you an opinion and that is ALL it would be.....seek legal advice.
0 votes Thank Flag Link Thu Jun 26, 2008
The first thing I would do is to contact the HOA and ask for a copy of the deed restrictions, and ask the HOA the status of the home. Most HOA's are not in the midset of foreclosing on their members homes unless they are being ignored and mocked, but a lien is is normally filed to assure them that they will be paid when someone tries to sell the property. In a few isolated cases, some HOA's use management companies who routinely attempt to forclose and reap the benefits of the sale and/or fees to settle the debt. Their are two kinds of foreclosure, judicial and non-judicial. If you find that the HOA intends to forclose, you should discuss your options with an attorney. most likely, you can resolve the issue with the HOA.
0 votes Thank Flag Link Thu Jun 26, 2008
I have to agree. Call the HOA and tell them what is going on. See if they can work with you and when you sell the home you can pay off the HOA with the profits.
Good luck.
J
0 votes Thank Flag Link Thu Jun 26, 2008
What they can do is lien the property and subsequently foreclose upon failure to pay.
Good Luck
Yvette :)
0 votes Thank Flag Link Thu Jun 26, 2008
DISCLAIMER: Yes in most instances not having the doc's to read I can confirm yes or no. If you review the doc's should state within the info. or request a copy from the HOA. I would safely assume HOA has all ready liened the property, I would recommend to pay with certified funds, determine what the balance is obtain a release of lien. http://www.lynn911.com
0 votes Thank Flag Link Thu Jun 26, 2008
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