QUESTION
Can we sue the HOA for evicting us and selling our home for the overdue?
Asked on Aug 23rd, 2013 on Foreclosures - California
More details to this question:
My family was evicted from our home and our property was sold at public auction last September 2012 because we had outstanding homeowner’s association dues. Home not in foreclosure yet. Also, how can HOA foreclose since they don’t have first lien, or second lien, position? Should we hire a real estate lawyer for our defense?
3 ANSWERS
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You certainly should consult a real estate lawyer, but from your account it sounds like that ship has already sailed. Check with a skilled real estate lawyer in your area.
Answered on Aug 27th, 2013 at 4:50 AM
Your question is confusing because on the one hand you say the HOA foreclosed and sold the home at auction and the new owner evicted you. Then you say the home is not in foreclosure yet. You appear to admit that the dues were in fact in arrears. So, what would be the basis of your defense? Are you asking whether you can successfully sue the HOA because it was not a first or second lien holder? If that is the question, the answer is no. Any lien holder can foreclose regardless of position, as long as it pays off the more senior liens. You definitely should speak to an attorney.
Answered on Aug 24th, 2013 at 12:07 PM
No you can't sue and yes they can do what they did. If you didn't pay your HOA, you have no defense.
Answered on Aug 24th, 2013 at 12:06 PM