Bankruptcy

A New Unexpected Cause of Foreclosure Examined

By Chris Kramer

A recent report from National Public Radio describes a shocking and troubling occurrence happening in certain neighborhoods in the United States. Apparently, some homeowners are finding their houses foreclosed on?but not because they fell behind on mortgage payments.

It seems that failure to pay homeowners association (HOA) dues constitutes legal ground for the HOA to foreclose on and resell a property.

A Devastating Oversight

The case detailed in the NPR story involves a deployed Captain serving in Iraq and his wife: they had, according to reports, paid for their home in full but missed two HOA payments?and their house was foreclosed on, sold for the amount of the overdue dues plus legal costs, and sold again for a profit.

Here?s what you need to know in order to protect yourself and your family from facing such an unfortunate fate:

• In the U.S., 33 states have laws that permit HOAs to place liens on homes for which dues are not paid and collect on those liens (i.e. foreclose on the home) without putting the case before a judge.
• In some states, processing a foreclosure takes less than a month?meaning that families have little time to take action to protect their property.
• Because of the tough economy, it seems more families than ever are missing payments and don?t believe it when they?re told they could lose their home for failure to pay a couple hundred dollars? worth of fees or dues.

The truth of the matter, though, is that you can lose your home in many states simply for missing payments to your HOA. If you?re pressed for cash and worried about making such payments, contact your HOA and explain the situation.

The most important thing to do is to attack the problem head on rather than waiting until it?s too late?if you can?t afford the dues now, you definitely can?t afford to make alternate housing arrangements, but that could be the position you?re in if you miss too many checks.

And, while it may be the least appealing thing you can think of if you?re falling behind on various financial obligations, be sure to open mail as soon as you receive it, as it could contain important and time-sensitive information about some of all of your debts. Remember: avoiding debt doesn?t make it go away, and in this economy it?s important to take any and all warning signs of personal economic turmoil seriously.

Full post as published by The Bankruptcy Blog on July 02, 2010 (boomark / email).