QUESTION

Can a condo association foreclose on a property for back HOA rent out the property when the bank owns it and there is a mortgage on the unit?

Asked on Mar 30th, 2013 on Foreclosures - North Carolina
More details to this question:
N/A
Report Abuse

5 ANSWERS

Yes. This is an evolving area of law, but generally the HOA can get up to 9 months of back payments as a priority lien. Many HOAs are foreclosing now and the new owner at the foreclosure sale rents the property until the bank gets involved.
Answered on Apr 04th, 2013 at 2:16 AM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
Most likely, but it depends on the law of the state where the property is located and what loans are on the property.
Answered on Apr 02nd, 2013 at 12:57 AM

Report Abuse
Read your HOA Bylaws. Generally, the association has a lien against the property for unpaid dues. Any such liens are subordinate ("junior") to the purchase money mortgage and any other existing liens. The association can then file a lawsuit to foreclose the lien and sell the property. Do you have equity in the home? Or is it underwater? There is no point in the HOA foreclosing the lien if there is no equity since the HOA can only collect sale proceeds that exceed the total of the senior liens.
Answered on Apr 01st, 2013 at 9:10 PM

Report Abuse
Yes they can. They will however be responsible for the mortgage payments.
Answered on Apr 01st, 2013 at 9:02 PM

Report Abuse
Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
Update Your Profile
The HOA can lien the property for HOA dues and assessments. The HOA can foreclose on the property based on that lien.
Answered on Apr 01st, 2013 at 8:36 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters