Legal Question in Real Estate Law in California

Can an HOA foreclose on a homeowner in California if the mortgage is current?


Asked on 8/04/12, 10:09 am

3 Answers from Attorneys

Of course they can, just like the holder of a home equity loan can foreclose if you don't pay them even if your first mortgage is current and just as the County Assessor can foreclose on the tax lien if you don't pay your taxes regardless of whether you are current on your loans. They are totally separate obligations and separate liens on the property, each of which can be foreclosed on without regard for the status of the other debts.

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Answered on 8/04/12, 11:01 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes. It's a different kind of lien from a "mortgage" or a deed of trust, but also subject to foreclosure, as are judgment liens, mechanic's liens, and tax liens.

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Answered on 8/04/12, 5:26 pm
Anthony Roach Law Office of Anthony A. Roach

Of course. HOA liens can be foreclosed and so can mechanic's liens.

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Answered on 8/04/12, 8:23 pm


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