Legal Question in Real Estate Law in California

Hello - We recently purchased property via foreclosure on a private gated road and have subsequently been told by an association that the prior owner did not pay his private road maintenance and gate fees for over 8 years. They had put a lien on the property for 2006. We were not notified of the lien when the purchase was made. Are we obligated to pay the debts of a prior owner while not receiving the benefit of use of the road since we just purchased it? Is there a statute of limitations? They are telling us we over $6,000 are we responsible for another persons debts? We are trying to sell the property and are in escrow and the lien is holding everything up- please advise -- thank you


Asked on 3/31/12, 9:13 pm

1 Answer from Attorneys

It is going to depend on whether the gate fees were incurred and/or the lien by the road association was recorded before or after the deed of trust under which you were sold the property. If the deed of trust was senior to the past due fees and the lien, it should be wiped out by the foreclosure. Unfortunately, however, that may not solve the problem with the road association if the governing documents give them the right to deny access to a parcel that is not current on its dues. As for you not being notified of the lien, who was supposed to notify you? You didn't buy from a regular seller. Did you buy title insurance? Too many questions unanswered to give you any diffinitive answer.

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Answered on 3/31/12, 9:36 pm


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