Legal Question in Real Estate Law in California
I'm being sued by a condominium association for unpaid HOAs. I foreclosed on this property over 4 years ago and Im just received this package today. What do I do?
2 Answers from Attorneys
If you really mean you foreclosed on the property, you are saying you were a lender who made a loan secured by the property, the borrower defaulted, and you took the property from them. If that is the case, then as the owner of the property you became liable for the HOA dues and should have been paying them for the past four years plus.
If, as I suspect, what you really mean is that you were the borrower and your lender foreclosed on the property, taking it away from you. If that is the case, then you MAY have statute of limitations defenses to the lawsuit. You need to take it to a local lawyer for an evaluation. If you do, the lawyer can help you respond. If you have no defenses, then what you do is pay the amount you owe, or file for bankruptcy if you qualify.
The homeowner will owe homeowner's dues up to the date of the foreclosure. The statute of limitations may have run, but I urge you to speak to an attorney to determine whether or not you have any defenses. You need to do this before your default is taken.