Legal Question in Credit and Debt Law in Virginia

My son's home is in short sale right now, and will be foreclosed upon whenever, I am not sure. The home owners assoc is suing him for past home owners dues and now we have a court date. He had brain surgery and was unable to work, lost his job, and trying not to be bankrupt. Do we need legal council for this court date? Can't they just put a lean on his house? He is loosing it anyway.


Asked on 3/03/10, 9:22 am

1 Answer from Attorneys
David Saiki Law Office of David M. Saiki

If your homeowner's association is suing you, you might need an attorney. It might be a good idea to confirm all the amounts they are suing for, to confirm they are not tacking on extra charges. They can't put a lien on your son's home until they get a judgment against your son. After obtaining a judgment, they will probably docket the judgment in land records and put a lien on his house. If the home is going to foreclosure, they will get whatever is left over after prior liens are satisfied. They will have a personal judgment against your son for whatever is still owing after the proceeds of the foreclosure are applied to their debt.

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Answered on 3/08/10, 9:34 am


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