Legal Question in Real Estate Law in California

If HOA forclosed & purchased that home at auction, can the HOA evict the homeowner after the 90 day waiting period? The 1st on the home is current and in good standing; however, the home has a negative equity of $190K. How does the HOA get paid if the 1st lein is superior?


Asked on 4/29/12, 9:21 pm

2 Answers from Attorneys

The HOA doesn't get paid in that situation.

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Answered on 4/29/12, 11:19 pm
Anthony Roach Law Office of Anthony A. Roach

The HOA forecloses and takes the property subject to the superior lien. If the loan is not paid, the first forecloses and the HOA is out as well. If there is sufficient equity, the HOA can sell to a third party who will also be subject to the senior lien.

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Answered on 4/30/12, 10:03 am


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