who has presidence over forecloser the bank or the association if we owe money. the association said we have unitl Friday sept 30th or the sheriff cwe

Asked by Nikki, 29681 Sun Sep 25, 2011

my husband lost his job and we are currently behind in our mortgage we have gone to court about the forcloser process with the mortgage company. Also we have gone to court about the association fee's we owe as well. The association stated we have until Sept 30th 2011 or the sheriff we be hear to put us out. Can we have 2 forclosers at the same time? Thanks Nikki

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Jen Pfeffer, Agent, Charleston, SC
Sun Sep 25, 2011
It was to my understanding that the HOA can only put a lien on your property. When this is done, the bank can foreclose, but it will be sold with the lien on the title and the new buyer won't get a clear title until he pays the HOA dues and late fees. But it looks like that may not be the case! After doing a little research for you I stumbled upon this website that I think may help you! And I learned something new tonight myself! Thanks for posting a great question! Good Luck!
1 vote
Candace Boat…, , Simpsonville, SC
Mon Sep 26, 2011
Nikki, The HOA can only put a lien on the property. That lien will be satisfied at some point when the house is transferred to a new owner after the foreclosure. I agree with consulting an attorney. That is always the best bet! Good luck.
0 votes
Rogers Real…, , Simpsonville, SC
Mon Sep 26, 2011
Nikki, I agree with any advice that suggest consulting an attorney. A HOA can place a lien on a property. However read your HOA bylaws to see what you agreed to when you purchased the home. Some counties have the bylaws at the courthouse for the HOA. From my limited knowledge, the liens will be paid in order of their positions. Tax liens are generally first, then the orders (mortgages, HOA, etc) based on their positions. Consult an attorney that will work only on your behalf and will protect your interest.
0 votes
Judy Nolin, Agent, Greenville, SC
Sun Sep 25, 2011
Nikki, the best advice I can give is to consult an attorney. I'm not sure this is a cut and dry question. If you are already IN foreclosure, try asking the banks foreclosure attorney. I know that sounds a little strange but I've had great luck with them being sympathetic to my clients questions. It's free advice and who better to ask. You have all the right is the world to call them with questions. Good Luck
0 votes
Melanie Scal…, Home Owner, Cranston, RI
Sun Sep 25, 2011
Can't you contact your HUD conselor? Not sure about your state/city; but in my state/city, you can go through a conciliation coordinator and have them help you. Just my experience, but I'm sure a more qualified person could answer your question better.
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