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?


Asked on 6/08/11, 1:14 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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.

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Answered on 6/08/11, 1:50 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 6/08/11, 2:09 pm
Anthony Roach Law Office of Anthony A. Roach

No.

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Answered on 6/08/11, 6:14 pm


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