Can HOA Evect?

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I am working on this SS; she also owes $4000 on HOA fees.

And HOA evected her and changed the locks on the home! I did not know they could do that.

How much would I offer the HOA? How does that work; just tell them that I want to make an short offer on the amount due and send them a letter with my offer amount?

The home is worth 175K and and owes 180K on mtg

Comments(4)

  • jimandlacy17th May, 2007

    Never heard of an HOA eviction.
    I have seen judgements and "lis pendens" filed by HOAs, having paid a couple at closings when buying distressed condos.
    An RE attorney needs to look at the HOA docs and interpet them.
    Jim

  • linlin17th May, 2007

    Depending on the bylaws a HOA lien would be a second even if they foreclosed so they should not have been able to get her out of the property. You need to see the docs and she definitely needs a lawyer if the HOA really evicted her.
    [ Edited by linlin on Date 05/17/2007 ]

  • SKrei17th May, 2007

    I am working on the SS (2 mtg with same lender) and she moved to an apartment. I was wondering how to approach the HOA for a discount.

  • bargain7618th May, 2007

    When a HOA forecloses on a lien, the judgment language usually transfers title to the HOA and makes the HOA the new owner of the home, subject to the existing encumbrances....whatever they are: liens, mortgages, judgments, etc.

    You never know.... the HOA may accept less than they have into their action. (Probably past dues plus a couple of thousand in lawyer costs, interest and fees.)

    All you can do is ask. You would be buying their position, subject to everything their ownership is subject to.

    [addsig]

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