Legal Question in Real Estate Law in California

My condo homeowners assocation has placed a lien on my condo because I missed 2 months of my dues payments. I have stopped paying my mortgage for over a year now, but official foreclosure proceedings by the mortgage company have not begun. The association lien is demanding $2,500 to clear it. I cannot afford it. What will happen if I never pay the fees to the collections company? Will it be taken care of in the foreclosure process when that happens, or will it follow me?

I spoke to the collections company and they told me that if I never pay the fees, interest and more fees will keep accruing until the homeowners association forecloses. After the foreclosure, the association will sue me for the entire amount, which will be much more by that time. Is this true? Should I pay it?


Asked on 8/05/10, 12:29 pm

2 Answers from Attorneys

What the collections company tells you is bascially true. The only way the debt will not follow you is if the HOA forecloses and the condo sells for as much or more than your mortgage plus the HOA's entire claim. HOA liens are not like mortgages where if the lender non-judicially forecloses they cannot seek a deficiency. HOA liens are just one way of collecting the debt. Also, if the lender forecloses, the HOA lien will be wiped out, because it is junior to the mortgage. In that case the HOA debt is like any other and they will sue you for it, and then collect on the judgment by executing against bank accounts and garnishing wages.

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Answered on 8/10/10, 1:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. McCormick, and would add that whether and how vigorously the HOA or its collection agency will pursue collection after a foreclosure that didn't pay it off is an unknown. More likely than not, they would make some attempt to obtain and enforce a judgment, maybe in Small Claims Court, but for $2,500 it is by no means a certainty; they might just write it off, especially if you don't seem to have a regular job or other assets such as bank accounts, real estate, etc.

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Answered on 8/10/10, 1:18 pm


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