Legal Question in Real Estate Law in California
If my home is foreclosed upon by my homeowner's association due to non-payment of monthly association assessments, is my home protected by homesteading?
3 Answers from Attorneys
No, homesteading protects a certain amount of equity in the home from claims by unsecured creditors, but the HOA fees are secured by the property so homesteading is irrelevant.
The previous answer would be correct if it stopped at "no." Homesteads protect you against involuntary liens incurred after the date of the homestead. For example, a judgment lien filed after the homestead date is secured by your real property, but your homestead protects your equity up to the amount of the homestead exemption. On the other hand, an HOA's claim is considered "voluntary" because you subjected yourself to the HOA's billing voluntarily when you bought the home.. Your mortgage is also a voluntary obligation and thus the homestead provides no protection.