More details to this question:
This past Fall we received a certified letter stating that an HOA lien on our condo property will be sold. No further communication about anyone actually purchasing the lien was received. Every other month we would check the door for any postings. We never found anything. In early January we contact a realtor about short selling. There were no notices posted and the locks were not changed. A conspicious realtor sign was placed in the window and a realtor box was put on the door. Abiout a week later our realtor informed us of a lien holder on the property. A past dated notice was posted from October was posted. Before my husband and I could do anything this lien holder cut our realtor box off and changed the locks. There is still a 170k mortgage on the property which they did not pay off. I would like to know if we have a case of improper notice and if this lien holder had any right to enter the property without paying off the mortgage.
1 ANSWER
R. Christopher Reade
The entire process of sale pursuant to HOA liens is a relatively new phenomenon in Nevada. The process of foreclosure determines title to the Subject Property but does not change possession without eviction proceedings being undertaken. If the purchaser has changed the locks without formal proceedings to terminate possession (eviction), you should bring an action to set aside the foreclosure and for illegal lockout.
In answer to the second question, purchasers of HOA Liens are not required to pay off your mortgage in order to purchase the rights pursuant to the lien.
Answered on Feb 01st, 2013 at 3:11 PM