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HOA has filed a cross claim to my mortgage foreclosure. They have asked for summary judgement. Can they evict me? HOA has filed a motion for summary judgement after filing a cross claim in the foreclosure case against me by the mortgage company. Can they take possession of the house prior to the foreclosure action being completed by the mortgage company?
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The HOA has a foreclosure action of its own and can act on that separate from the lender.
Answered on Jan 31st, 2012 at 1:04 PM
The HOA does have a superpriority lien that takes precedence over that of the lender, however, they have to undertake and complete the foreclosure process before they can take possession. So to answer your question, they can take the house, but not prior to completing a foreclosure process.
Answered on Jan 27th, 2012 at 3:21 PM