Legal Question in Real Estate Law in California
I owe my HOA $6,000 and the debt collection company said they can foreclose on my property?
2 Answers from Attorneys
Look at the CC&R's to see what their powers are. Some HOAs do put in a provision that the monthly assessments are a senior lien that can beforeclosed on if unpaid. You may be able to work out some installment payment plan unless you are going to walk away from the condo because it is under water. There is new federal legislation to help homeowners to bring their loan amounts due to the value of their homes.
Can't be sure without reviewing the source of the alleged debt and the CC&Rs;governing your property, but very often an HOA has a lien for most unpaid obligations and I would say you should treat the threat of a foreclosure as real until you are sure it is not.