Foreclosure in 90403>Question Details

Katclark, Renter in 90403

Do I have to pay HOA dues for a property foreclosed in Jan and the judgment issued in April? A lien was placed on the property the prev Oct.

Asked by Katclark, 90403 Fri Jun 10, 2011

A lien for unpaid HOA dues was filed on my property in Oct 2010. The assessment came due again in Jan 2011. My property was foreclosed on that same month. The HOA filed a judgement against me to collect but I no longer own the property. I am located in MS. Wouldn't the lien be considered a junior lien and wiped out or the bank be responsible for paying it?

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Katclark,

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
0 votes Thank Flag Link Fri Jun 17, 2011
Dear Katclark

Unfortunately you're still personally liable even though your property has been foreclosed on.

The reason is this:

In California, there is a Anti-deficiency Statute that prohibits holders of secured interest from seeking deficiency against you after a foreclosure, However, it applies only to purchase money loans, not an HOA lien.

Any debts that you owe the HOA, in this case the monthly assessments, are deemed to be personal and can be pursued against you personally even after you've lost title to the property if the debt was incurred before you lost title, i.e. you're still a member of the HOA. So you're on the hook for the dues you owed prior to January.
0 votes Thank Flag Link Sat Jun 11, 2011
Hi Katclark:

I would check with your attorney on this. You stated that there is a judgment...they could collect on it. If the property was sold after the foreclosure, most likely, the bank paid the HOA dues current. I would also contact the HOA and find out what the status of the account is. Was your property sold by the bank after the foreclosure? If it was, the HOA dues would need to be current upon the sale, thus, the back HOA dues would have been paid by the bank, leaving all HOA dues current. I would investigate this further if I were you...you may not have anything to pay.

If you want, feel free to e-mail me your property address and I can take a look to see if your property was sold by the bank.

Good luck!

All the best,

Kat Becker
Prudential California Realty
katbecker@prula.com
0 votes Thank Flag Link Sat Jun 11, 2011
KatClark,

An attorney needs to review your paper work to see exactly what you have and advise you. Unless a Realtor is a licensed attorney in the state where the property was is unable to advise. Good luck! Elizabeth
0 votes Thank Flag Link Fri Jun 10, 2011
Hi Katclark,

You need to consult a Real Estate Attorney. Since the HOA has a judgement against you and not a lien against the property, I believe you are responsible for payment. However, I am not an Attorney so please consult one for a definitive answer.

Good luck.

Shanna Rogers
SR Realty
http://www.RealtyBySR.com
0 votes Thank Flag Link Fri Jun 10, 2011
If they have a judgement against you, they have the right to enforce that judgement... How they got that judgement is a discussion for another day... the time for you to oppose it was at court and before thy got the HOA got the judgement...

The enforceable instrument is now a writ of judgement and not the lien on your property... you should consult your local attorney...

best of luck!
Web Reference: http://shortsalecentral.org
0 votes Thank Flag Link Fri Jun 10, 2011
Dear Katclark,

Homeowners associations — where residents pay monthly dues to maintain common amenities such as pools and landscaping — were lightning rods during the legislative session in almost all states this year. State by state -- it looks to be handled differently depending on the issues being examined.

Read: http://moneywatch.bnet.com/economic-news/news/nev-bill-dies-…

You answer will most adeptly be handled by a Real Estate Attorney who can inform you of your rights and obligations as they stand right now...probably the person who helped you with your foreclosure.

Sincerely,
Sandra Voss, Realtor
0 votes Thank Flag Link Fri Jun 10, 2011
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