Legal Question in Real Estate Law in California

I have not been able to pay my HOA fees, they have placed my condo into forclosure, I own the property have the title in my posession, no loans against it. (If that makes any differance.) How long do I have before they can actually make me move out? How long have I got to try to pay this to take it out of forclosure? *They have given me an auction date of the 29th of this month. (Unable to pay for the last 7-8 months) out of work.


Asked on 6/27/11, 11:59 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you own your property outright, you should have been able to take out a small "hard-money" first mortgage sufficient to pay what you owed, plus give you some spare bucks for future months dues, taxes, insurance, etc.

It is currently late in the day on the 27th. You are probably not going to be able to prevent the sale at this point.

Do you have a current working relationship with the HOA management? You might be able to negotiate a two or three week postponement. Then use that time to borrow against your equity. Failing that, you could file bankruptcy tomorrow; I don't encourage that, but it would stop the sale if you notify them of the filing prior to the sale.

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Answered on 6/27/11, 3:51 pm


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