QUESTION

Can an HOA take my home and I get nothing?

Asked on Oct 10th, 2012 on Foreclosures - Washington
More details to this question:
Can the HOA take my home away from me and I get nothing? Was served today with paper that looks like lawsuit. Has no date or anything to come to court. I'm unemployed now.
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4 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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The following assumes that your property is located in Arizona. If the lender or HOA sells your property at a foreclosure or trustee's sale then any excess sale proceeds will be distributed to the junior lien holders. If there are no junior lien holders than the excess sale proceeds will go to you. Of course, the lender or HOA have the right to charge fees and costs which will be deducted from the sale proceeds. I hope this helps.
Answered on Oct 14th, 2012 at 8:28 AM

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Bankruptcy Attorney serving Columbus, OH at The Needleman Law Office
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If the HOA has a lien on your property, they may be able to force a foreclosure.
Answered on Oct 12th, 2012 at 10:21 AM

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An HOA would have to get a judgment to lien your house. Then, the HOA would have to have a debt large enough against you to motivate them to force the sale of your house. Since the HOA debt is likely about dues, I am assuming that the debt is relatively small in comparison to the value of your house. In light of that assumption, you should know that the process of forcing the sale of someone's home to pay a debt is very difficult, so it is very unlikely that the size of the debt alleged would end in the result of you losing your home.
Answered on Oct 12th, 2012 at 9:44 AM

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Civil Litigation Attorney serving Federal Way, WA at Stasch Law LLC
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Yes, the HOA has a lien on the property and can foreclose and you can lose the property. The papers you received sound like a Summons and Complaint. You must respond in writing within 20 days of the HOA will get a default judgment. I suggest you contact an attorney.
Answered on Oct 12th, 2012 at 3:55 AM

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