Legal Question in Real Estate Law in California

Both. Like any other secured debt, the creditor can proceed against the security or the debtor, and in some cases both.

I disagree with Mr. McCormick.

The obligation to pay assessments is the personal liability of the owner of the subdivision interest at the time the assessment is levied. (Civ. Code, � 1367, subd. (a).) The assessments that accrues while an owner is the owner of a unit remain as his or her personal liability even though the property is thereafter transferred to another, whether voluntarily or involuntarily, and despite the fact that the owner has relinquished possession of the interest. (Civ. Code, � 1466.)

Deeds of trust recorded prior to the recordation of the notice of delinquent assessment remain unaffected, with their priority intact, when there is foreclosure of an assessment lien to collect delinquent assessments.

This appeal presents a question of first impression regarding

the relative priority of a homeowner association assessment

lien and an earlier-recorded second deed of trust, under section

1367, where preexisting covenants, conditions, and restrictions

(CC&R's) on the property recite a �present lien� with power of

sale to secure payment of such assessments. We conclude,

notwithstanding the CC&R�s, that the second deed of trust has

priority over the later-recorded notice of delinquent assessment.

(Thaler v. Household Finance Corp. (1st Dist. 2000) 80 Cal.App.4th 1093, 1102-1103.)

The property is no longer liable for your failure to pay assessments. You remain personally liable.