Were in the middle of a short sale and couldnt keep up with the mortgage payments anymore foe 3 months, as

Asked by Junior, California Wed Jul 9, 2008

well as the HOA fees, what will the HOA do if we dont pay the fees?

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Chris and Ma…, Agent, Redding, CA
Wed Jul 9, 2008
We currently have three houses in escrow that are in a short-sale situation (pre-foreclosure) here in Redding. The Home Owners Association acts independently from your mortgage company, therefore they have every right under the law to enforce their HOA rules & guidelines. My advice to you is to continue paying your monthly HOA fees as long as you can until you sell the house to avoid any problems.
Web Reference:  http://www.shastaliving.com
1 vote
Dave Werth, , 58102
Wed Jul 9, 2008
Contact an agent and ask if they have dealt with a short sale first of all. 2ndly contact your association and get the Rules and Regs. and look what the specifics are. Have you tried talking with your lender in regards to the situation? If you cannot pay, you just can't pay. But in a short sale, i don't believe your HOA has any rights because of the redemption period you are in, which isn't foreclosure yet, as a short sale is a kind word for preforeclosure but the pre is still on there. Get your house sold asap and avoid a bankruptcy, foreclosure, and any other monstrostities you are dealing with. I will prey for your pot of gold at the end of the rainbow. But seriously contact an agent that has sold short sales before and they will work with your bank to get you out of the situation.
1 vote
Dot Chance, Agent, Burbank, CA
Wed Jul 9, 2008
Most likely the HOA will file a lien on your property first. If you find a buyer the bank should pay off the lien.

Good luck!
Web Reference:  http://www.DotChance.com
1 vote
Will Robles, Both Buyer And Seller, 76248
Wed Jul 9, 2008
Your HOA could possibly foreclose on your home depending on your state laws and your HOA contract. Since you are missing payments and are heading to foreclosure your lender will most likely foreclose on you first and will have to deal with the missed HOA payments. My company BUYS properties through SHORT SALE. If you are listed with a Realtor and do not have a buyer WE CAN BUY your property. We take over the short sale process and negotiate with your lender(s) even if you home is listed. You may contact me if you would like to get the details.

Best Wishes,
Will Robles
1 vote
Shel-lee Dav…, Agent, Rolling Hills Estates, CA
Wed Jul 9, 2008

The HOA will do whatever it is allowed under the CC&R's, any additional rules and regulations and the laws of the State of California. Some HOA's move quickly on enforcing collection and others don't. It really depends on the management company and the board of directors. You would be well advised to check with an attorney about your rights and obligations regarding your HOA (I am not an attorney and thie information I am sharing should not be relied on as legal advice, only my eperience from being involved in many shortsales).

Here are some of the things I have seen HOA's do when you default on your fees:
1. Take away your rights to use HOA facilities such as pool, clubhouse, etc.
2. Do not allow you to vote at HOA meetings.
3. Do not respond to your complaints about noise, bad sprinklers, etc.
4. Begin foreclosure to enforce their collection rights.

Again, depending on your HOA, you might consider calling them and letting them know that you are in the short sale process due to unforeseen hardship. Let them know where in the process you are (hopefully you have a good offer into the bank and things are proceeding smoothly towards sale, at which point in time the HOA will be paid current), and ask them for a forebearance against collection actions. I have found that, unless the HOA is extremely unreasonable (and only you would know that from prior experiences with them) when homeowners are forthcoming with information on their situation the HOA wants to help them out and in that way help themselves get paid sooner.

I am sorry to hear that you are having hard times right now. I am certain they are temporary and that this short sale will remove some of the stress and help you move on with your life. Dare to Dream.

Shel-lee Davis
Real Estate Consultant
RE/MAX Palos Verdes Realty
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