QUESTION

Can I use a Assignment of Mortgage that has been filed in the County that states Its successor and or assigns all of the rights, title and interest?

Asked on Mar 30th, 2013 on Foreclosures - California
More details to this question:
I had to surrendered my property back in 2009. HOAs are suing me for what I have not paid because the bank ignore it for 2 years. Can I use a "Assignment of Mortgage" that has been filed in the County that states "Its successor and or assigns all of the rights, title and interest to that certain mortgage". So I can prove that the title has been transferred also to have the new owner (bank) pay the fees of the HOA.
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1 ANSWER

As far as I know, the bank took title to the property "subject to" the HOA bylaws so responsibility for payment goes with the title. The assignment of title to the bank should be a good defense to a lawsuit by the HOA. But it is best to avoid being sued in the first place. Have you spoken to the HOA about this? Have you sent them a copy of the assignment of title? It seems the association might be more interested in suing the bank for the unpaid dues rather than you because if they win, there would be no issue of being able to collect the judgment.
Answered on Apr 02nd, 2013 at 12:38 PM

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