Legal Question in Real Estate Law in California
Homeowner Association fees
I became fully disable in 2005 and got behind in my fees. I was served with papers saying they will foreclose on the lien. My home is already in forecloser, but no arrangement or sell date has been done. What does the home owner assocation mean they will foreclose on the lien?
4 Answers from Attorneys
Re: Homeowner Association fees
They are trying to foreclose on a lien for unpaid assessments.
Re: Homeowner Association fees
The lien for HOA dues against your property is very similar to your mortgage. As such, if you don't pay the fees, they can foreclose your home just like your lender. After the foreclosure sale, whomever buys the property at auction can evict you from the home.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Re: Homeowner Association fees
It means they can and will sell your home at an auction. You may be able to stop the foreclosure sale by filing bankruptcy.
Re: Homeowner Association fees
It is probably pro forma, but their debt will be wiped out as a lien by the foreclosure of the prior mortgage. That being said, they may have the right to sue you personally. Check the CC&R's and Bylaws.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
