Legal Question in Real Estate Law in Missouri

I owned a condo that was foreclosed on last week and a 3rd-party speculator bought it for a few dollars over the bank's bid. The condo HOA has a 2nd for about $18K. The bank's atty. said the HOA 2nd would actually survive the foreclosure sale and the buyer said he knew he had the lien.

The condo filed a LEVY against my bank the next day and now my accounts are frozen. The condo HOA atty is a total jerk and first told me today the condo owes him money - - and then said the condo could file the LEVY and continue to try to collect - - lien or not.

Isn't this double dipping?.......................there is about $5,000 in my bank savings account and I need some money to live on.

What do you recommend?

Fred O. Scott


Asked on 9/14/15, 10:27 am

1 Answer from Attorneys
Anthony Smith LawSmith

It would be double dipping if they are paid by one source, and then attempt to collect the same money from another. You didn't describe that anyone has paid the HOA, so the lien and bank garnishment seem ordinary. There are steps you can take to cease the bank garnishment, if the funds meet certain source requirements. You should consult directly with a civil practice attorney, in your area, to see if your bank funds apply.

Good luck

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Answered on 9/14/15, 12:31 pm


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