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Updated over 7 years ago on . Most recent reply

Account Closed
  • Lender
  • Los Angeles, CA
174
Votes |
399
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HOA Fine Wiped out at foreclosure?

Account Closed
  • Lender
  • Los Angeles, CA
Posted

I know the winning bidder at a trustee foreclosure sale takes title subject to all senior liens, but is a HOA fine (not a lien) the responsibility of the new owner?  The same question if lender took title via deed-in-lieu?  My guess is the HOA doesn't have a leg to stand on.  However, I'll bet it will come up when the property is finally sold in a more conventional sale.  

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Tom Gimer
  • DMV
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Tom Gimer
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Replied

In your foreclosure scenario did the title company contact the HOA and get a statement ... so that the HOA dues, etc. could be adjusted as of the settlement date? They should have.

However, if the lender took title via deed-in-lieu and did not address this... then the lender assumed all of the HOA debt.

  • Tom Gimer
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Eastern Title & Settlement
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