Legal Question in Real Estate Law in California
I had a Real Estate Agent help me with the purchase of a property at an aution.
The property has a lean from the HOA for past due payment ($3k). The agent told me this would be gone because it was in forclosure and now at aution. Now I find out the lean is still on the property, but not inforcable. The lean has been extinguished, but still exist. Should I pay the Agent and should I pay the HOA to release the lean on the property (in CA).
2 Answers from Attorneys
Normally HOA's make liens for dues superior to any mortgage, in which case they are not wiped out by a junior foreclosing. If they were, then you should made a demand on them to stop placing a cloud on title or you will sue them. Why pay the agent when he has mislead you? You need to write strong letters to both, but you have to make it appear that you know what you are talking bout, which I suspect you do not [it is a "lien" not "lean"]. You can contact me if you want to obtain help, or you can read some Nolo Press books on the subject.
You need to talk to an attorney who is competent in this area of the law. The attorney is going to want to review the relevant documents to determine whether the lien is senior to, or subordinate to the foreclosing deed of trust.
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