Legal Question in Real Estate Law in California
My house went in foreclosure in June 2010. in Escondido, CA The H.O.A. placed a lien on the property in March for $3000.00. After the foreclosure they have placed the debt for collection with a collection agency in my personal name, being the previous owner. When I spoke with the H.O.A they said that I have agreed to CC&R's and that is it.I asked for the copy of the CC&R where it explicit says that after the foreclosure the owner is personally responsible, but they are not providing me with it. What is the remedy ? Can I refute the collection?
2 Answers from Attorneys
You are confusing the indebtedness with the collateral. It's the homeowner who owes dues and assessments to the HOA, not the house. When you no longer own the collateral, you still owe the debt.
There is nothing in the CC&R's that says the owner is personally responsible after foreclosure, because it doesn't have to say that. It says you are responsible for your HOA dues and assessments. You agree to it by buying property subject to the CC&R's. You are liable for the debt regardless of who owns the property now. If you own a car, and order maintenance on it, and don't pay for it, and then sell it, the shop may have a lien on the car, but you don't get out of owing the mechanic do you?
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