Legal Question in Real Estate Law in Arizona
my brother is behind in his home owners assocation dues and now they are threatening him with foreclosure on his home. Can they do that when they do not hold the mortgage papers?
Asked on 9/11/10, 7:22 pm
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
An HOA usually provides in its rules and CC&Rs;for the enforcement of the payment of dues. The HOA could put a lien against the property and hope to collect later when the property is sold or when the homeowner pays all that is due. The HOA can foreclose on its lien, but seldom is that ever done, because for the HOA to get anything the prior liens (Mortgages) have to be paid first. Secondary lien holders will rarely foreclose.
Answered on 9/16/10, 9:25 pm
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