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Updated over 6 years ago on . Most recent reply

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Lisa Rains
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Can an HOA forclose a property after creditors claim was denied

Lisa Rains
Posted

I live in my mom's house. My moms HOA filed a creditors claim against my moms estate and it was denied. The HOA is trying to foreclose on the amount that was denied by the courts. Are they allowed to do this? It seems like double jeopardy to me

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

This would be state specific but generally probate court procedures/rulings have no bearing on civil cases. Double jeopardy only applies to criminal cases. I would bet they have every right to foreclose so I’d figure out how to resolve it.

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