Legal Question in Real Estate Law in California

The answer depends on a few facts. If the HOA recorded a lien for the unpaid HOA dues, then the lien is probably still on the home and you will have to pay it to remove the lien. This, however, then leads to a claim against the title company who insured the transaction for failure to catch the lien and pay it off (or require that the bank pay it off prior-to close of escrow). In this case, you would contact the escrow company and title company to make a demand that they clear the lien.

Alternatively, if there is no lien, then you only owe the HOA dues from the date of purchase forward. The Bank owes the unpaid dues - the obligation stays with the former owner, even if it is a bank, unless there is a lien in place. Either way, I would tell the escrow and title company that it is their mistake and that they need to resolve it by paying the dues and then they can go back after the bank. You should not have to eat this expense.

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