Legal Question in Real Estate Law in Missouri
I purchased a home at foreclosure.
HOA dues were not paid. They are wiped out by the foreclosure, right?
Does the forclosing attorney have an obligaton to notify the HOA prior to foreclosure?
1 Answer from Attorneys
First in time usually rules. If the HOA agreement and line were in palce prior to the mortgage being given (and teh deed of trust mentions the HOA) then the dues are probably still due and owing, after the foreclosure. If the mortage that was foreclsoed upon was taken out before the HOA dues were accrued, then the dues may not be owed. But, depending upon the facts, thge HOA coudl now assert a lien for present and past unpaid HOA dues(if they can prove the debt in a case agaisnt the homeowner). Assuming the buyer obtained a title commitment, they may be able to get the past fees paid by their title insurer. If not, then the buyer may owe present and past HOA dues.
Good luck
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