QUESTION

When HOA forclosed on my house with outstanding mortgage..

Asked on Dec 01st, 2012 on Residential Real Estate - Nevada
More details to this question:
if hoa forcloses on the house and sold it for 8000 what happens to the mortgage liens i have in 1st and 2nd positions?
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1 ANSWER

R. Christopher Reade
After an HOA Lien Auction, the purchaser takes the property subject to the existing encumbrances (minus certain HOA obligations which may have superpriority pursuant to Nevada law).  This can be good news for a Purchaser. Because the uptick in HOA lien sales is a relatively new trend, as well as the unsettled status in some manner of lien priority between HOA liens and trust deeds, purchasers should be aware of the exigencies of purchasing at HOA Sales. However your question appears to be directed at what happens to homeowners who have their homes lost in HOA Lien Sales.  The prospects for them is much more dim.  The Homeowner remains the Borrower on, and liable for, the Loan.  Therefore homeowners can lose all rights of ownership and possession in the HOA sale, have the buyer rent the property out and collect the payments without any intention of ever paying the mortgage, allow the property to fall into foreclosure and still be liable for the loan balance.
Answered on Dec 01st, 2012 at 4:12 PM

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