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Foreclosure in 90403 : Real Estate Advice

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  • Home Buying26
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Activity 24
Fri Dec 2, 2016
Gail Blix answered:
my investment property went into foreclosure in 2011 and the property sold to the tenant in the property at the time. The bank work a deal with that tenant who wanted to buy it. My assumption was that the bank would pay off any outstanding HOA fees however after the foreclosure I received a bill for $5,000 in late HOA fees that also included attorney fees and late fees etc. I explained that normally the bank is to pay off those outstanding fees at the time of the sale of property. The HOA attorney said no and then they garnished my wages in 2012. On 3/3/2016 I paid the $5000 off and so today I get another bill from the Riverside County Sheriffs Office that I owe interest and other costs totaling $4,137. Can they do that? After reading your article I feel I should not have had to pay anything since the bank sold the property right away. Gail ... more
0 votes 33 answers Share Flag
Mon Jun 22, 2015
I am assuming that you have checked the value. Ask your bank if they will take a deed in lieu of foreclosure because of your situation. I used to work in a bank and handle this sort of thing. If they will not take a deed in lieu, then ask for a short sale, if they will not do that quit making the payments and ask your attorney whether a chapter 7 or 13 is in order.
Probably a chapter 13 to force them to short sale the property and a chapter 7 to clean up any debt that shows up. That is for your attorney to decide.
Keep in mind if you have any money in the bank you may want to shift it into an annuity, in order to avoid losing it. Again consult your attorney
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0 votes 2 answers Share Flag
Wed Apr 1, 2015
Jamie Tian answered:
Yes you can still sell it.

Feel free to contact me anytime via phone/text at (310) 717-1321 or via email at if you would like assistance selling your condo, or to find out how much your condo is worth.

Jamie Tian
Rodeo Realty
(310) 717-1321
BRE #01920120
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0 votes 6 answers Share Flag
Wed Apr 1, 2015
Dorene Slavitz answered:
Fri Oct 11, 2013
Ritchy Haynes answered:
You can always work with the lender to see if they would consider delaying the foreclosure!
0 votes 8 answers Share Flag
Mon Sep 30, 2013
Elizabeth Salinas Kelley answered:
Consult a tax attorney

Elizabeth Sorgen
0 votes 2 answers Share Flag
Tue Jan 15, 2013
Sara Mehrpouyan answered:
Technically, HOAs can pursue the previous owner for money owed to them after foreclosure. Although, if you short sale the property before it forecloses, you would have settled with the HOA & sold the unit so that possibility would be avoided. Sometimes, the banks will pay the HOA for part of the past due amount after they foreclose (but this is not necessarily always true). Feel free to contact me any time.

Sara Mehrpouyan CDPE
Specializing in Foreclosure & Short Sale in Los Angeles & Ventura County
Rodeo Realty
Dre License #01712757
Direct Phone: 818-903-2040
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0 votes 10 answers Share Flag
Fri Dec 21, 2012
trudy Manns answered:
To legally protect yourself and those payments; I would open an escrow account for HOA fees.

The bank will require HOA bank account info for deposits. Make sure you have correct HOA contact phone & fax #'s to give the bank. They will contact HOA for their bank acct info for transfer of funds, etc..

You could take it one step further:
Have the bank's lawyer or another, produce a legal document holding the lender accountable to the HOA association for change of status to property because HOA is responsiblefor withdrawals from escrow account.
This will take the burden off your shoulders and legally put it on them....
It doesn't cost anything to set up an escrow account, but it might/will cost a few dollars for legal document & expertise.
Keep sufficient funds in escrow account!!!
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0 votes 12 answers Share Flag
Tue Aug 7, 2012
Kathleen Becker answered:
Hi Cgore:

Yes, for $15 a month, keep paying your HOA dues until the property closes escrow. This will make sure you have access to all the amenities associated with the complex. Also, the HOA will want your dues paid, regardless of where they come from...yourself or the new buyer. Usually, the bank will not pay for them.

Good luck!

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0 votes 9 answers Share Flag
Tue Sep 20, 2011
Daniel Choi answered:
I advise my clients to keep paying as long as they are living at the property and for the duration of the short sale. Nowadays, HOA have begun filing foreclosure actions and in many instances have foreclosed on properties themselves. It was unheard of few years back.

Your short sale agents should be trained to deal with these issues and bring to a conclusion that favor all parties involved.

Good Luck !

Daniel Choi

Nextage Capital Advisors
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0 votes 7 answers Share Flag
Sun Sep 11, 2011
Diane Wheatley answered:
I have recently done some investigating on this exact topic. I have an escrow on a property in Long Beach, CA that was listed last summer as a short sale. Shortly after they listed their home they chose to file Chapter 7 bankruptcy. The buyer for the property insisted on waiting until the BK discharge to continue with the short sale purchase using a city funded buyer assistance program.

Their first and a second trust deeds were included in the bankruptcy filing and the debt to my seller was discharged in July 2011. Once the BK was discharged they vacated the home and agreed to continue with the short sale per their bankruptcy attorney's approval. Neither Wells Fargo or Chase have foreclosed on the property and the short sale is scheduled to fund and record on September 16th. The sellers have been just as involved in the sale now as when they lived in the property including utilities and maintenance. Without their cooperation and signatures, the property would not transfer to the new buyers.

So, my interpretation of this is that you own it until you don't. They may have been released from the mortgage debt but they are still legally owners of the property until title passes to another owner or reverts back to the beneficiary through foreclosure.

Diane Wheatley, Broker
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0 votes 15 answers Share Flag
Mon Aug 22, 2011
Ikem Tan answered:
I would definitely contact an attorney specializing in real estate law to assist you further. Good Luck with everything.

Ikem Chukumerije
Principal Broker, MBA
Westside Premier Estates
Brokerage | Financing | Investments
Tel: 310.927.2344 | Toll: 800.783.1421 | Fax: 310.496.0511
Web: | Web:

Licensed in NV and CA
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0 votes 8 answers Share Flag
Wed Aug 10, 2011
John Arendsen answered:
0 votes 16 answers Share Flag
Mon Jul 11, 2011
Alena answered:
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. ... more
0 votes 5 answers Share Flag
Mon Jun 20, 2011
Elizabeth Salinas Kelley answered:
Hope you were able to speak with an attorney, which was my original recommendation.
0 votes 24 answers Share Flag
Fri Jun 17, 2011
vendettajean Jackson answered:

It's my understanding, yes you do have to pay the HOA dues for the property between Jan and April.

You would be the owner of record, and the HOA would file the lien on the property and owner of record.

It is always best to consult a Real Estate Attorney.

Good Luck
... more
0 votes 7 answers Share Flag
Sat Mar 26, 2011
Heather Paul answered:
Hello Amytilene, I would speak with the bank, if the buyer is still willing to buy, you can possible get an extension for the auction date which will give you more time to get the short sale pushed through. Most of the banks now would prefer to work out the short sale then allow it to foreclose. ... more
0 votes 6 answers Share Flag
Sat Mar 26, 2011
Heather Paul answered:
With out a doubt, you definitely need to seek the advice of a real estate attorney. Make sure the attorney specializes in real estate.

Best of luck to you!
Heather Paul, Realtor

Coldwell Banker
... more
0 votes 5 answers Share Flag
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