Legal Question in Real Estate Law in California

My HOA is threatening to forclose on my home for a balance of $6000 assesment they randomly applied due to poor management. The assesment was $15000 of which $6000 is left and have missed a few payments on it, but have made them up because I am paid on commission so paid a lump sum when I could, but they say they are going to proceed with the forclosure.If I have negative equity in my home of approximately $200,000 - $300,000 why would they want to foreclose over such a small amount when they will assume that debt? Is there a way to stop an HOA foreclosure? It seems like it owuld be illegal.


Asked on 10/26/12, 6:02 pm

2 Answers from Attorneys

Fiscal stupidity is not against the law, even for HOA's; sometimes it seems it's a requirement. If you haven't paid what you owe, they can foreclose. It's not much more complicated than that. The only way to stop it is bankruptcy.

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Answered on 10/26/12, 6:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

.........and bankruptcy will only stop it temporarily......long-term solution is to pay the assessment.

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Answered on 10/27/12, 8:29 am


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