I've been served w/paper0s due to unpaid HOA's for a condo owed almost 4yrs ago.Condo sold shortly aftr foreclosed. Am I really rpsble for paying now?

Asked by Carmen, 91761 Fri Jun 6, 2014

I foreclosed on my condo almost 4 yrs ago and my condo sold not to long after my place was foreclosed. Now their association attorney wants to sue me for the outstanding which is about 5K plus fees, etc. Please correct me if im wrong but I thought that when the house is foreclosed by through the bank they pay or the new owner pays the outstanding HOA's. I tired to work with the bank several times before they foreclose on my condo and with the HOA but nothing. So at the time i couldnt afford to pay back since I was out of work. Now that is close to the statue of limitations they have served me with papers. HOw do I avoid paying theses HOA fees plus attorney fees or at least negotiate. Any help would be appreciated.

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Dorene Slavi…, Agent, Torrance, CA
Wed Apr 1, 2015
Carmen..you don't need a Realtor now, you need a good lawyer!
0 votes
Zachary Knapp, Agent, Danville, CA
Wed Nov 12, 2014

I am a short sale & fourscore expert. Call me & we can discuss.
Yes, the HOA has the right to do so because HOA dues are looked at as personal liens & do not fall under CA rules of "none resource" state which means lenders can not come back after you for payments, but the HOA can. There are past judgments in the state that the courts use as past presentence.

Zach Knapp
The Knapp Team
Nest Seeker International
0 votes
Zach, Grammar check and spell check are your friend. HOA's ARE subject to California single action rules so, if they are the one that foreclosed, that's it. Nothing more. If the bank is the one that foreclosed, the HOA is still entitled to their dues.

HOA dues are not personal liens and they survive a foreclosure. There is no such term as a "none resource" state...and no, that's not what it means.
Flag Thu Apr 2, 2015
Ben Vorspan, Agent, Studio City, CA
Wed Aug 6, 2014
Hi Carmen,

you should definitely contact a real estate attorney to get advice on this one. We're agents, so we can't give you legal advice.

Having said that, my understanding is that HOAs generally get paid when the property sells, and the bank should have settled it back when they sold it. I would think that at this point, it would not be your responsibility.

But again - talk to a lawyer before paying it or deciding not to.
0 votes
Cindy Davis, Agent, San Diego, CA
Mon Jun 9, 2014
Hi Carmen,

You foreclosed on your mortgage, but that does not cover the unpaid debts to the hoa. You will likely need to pay something back to the hoa. I suggest you try to negotiate (either yourself, or through an attorney) a reduction of late fees, and set up a repayment plan.
0 votes
Carmen, Renter, 91761
Fri Jun 6, 2014
this actually in 95123 not 90403
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