Legal Question in Real Estate Law in California

Can a redemption period be extended from 90 days to 1 year if a property has been sold by and purchased by the Homeowner's Association? The mortgage on the property is current.


Asked on 11/28/11, 5:37 pm

2 Answers from Attorneys

Only if the HOA for some unfathomable reason went through a judicial foreclosure.

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Answered on 11/28/11, 6:05 pm
George Shers Law Offices of Georges H. Shers

In a non-judicial foreclosure, which is the procedure for the vast bulk of foreclosures in California, it does not matter who the buyer is at the foreclosure sale. I would doubt that the HOA would buy the condo at the sale as it wants the money and not a condo. While the mortgage might be current as to payments, once the unit is sold the lender would also foreclose if there is a due on sale clause. It makes no sense to pay on the mortgage and not the HOA fee which is much smaller.

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Answered on 11/28/11, 10:13 pm


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