ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> California Condo & HOA Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Real Estate & Property Law

: California Condo & HOA Law

Who is Responsible for Assessment Debt After HOA or Condo Foreclosure?

ADVERTISEMENTS

I received an email asking a question about a former blog I did. Here it is - along with the clarification:

"I recently read one of your blogs?and one thing wasn?t clear. Here is a copy of the Question and your Answer as it appeared:

Q2: If the HOA does not record a lien for unpaid fees, and if there is a Trustee's Sale by the 1st mortgagee, do those unpaid HOA fees just evaporate forever and become a permanent loss to the HOA?

Answer: No, again, the HOA can proceed against the owner. If they file bankruptcy however, then the bankruptcy "rules" kick in.

In your answer, are you referring to the previous ?owner? who defaulted, or the new ?owner? that purchased the property at the foreclosure sale? Because my questions is whether, under California State Law, the ?new owner? is liable for the previously unpaid HOA fees (i.e. those incurred prior to the sale date) "

Thanks, my answer is - it is the former owner. The HOA or Condo Association can pursue the individial former owner who was subject to the assessment debt that was evidenced by the lien. The lien against the property is usually extinguished in a first mortgage holder's foreclosure, but the debt is not.

Full post as published by California Condo & HOA Law on March 28, 2011 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 10/31/26 14:42:30)