Foreclosure Action by a Homeowner’s Association

I was asked recently about a foreclosure action by a homeowner’s association. The person had received a letter from their homeowner’s association saying they were filling a lien against her, and that she would be facing homeowner’s association foreclosure, because of unpaid dues.

She was already facing foreclosure from her bank and was confused about what was going on. She thought that only banks could foreclose.

So… here’s the deal. Homeowner’s associations incur expenses on behalf of the homeowner. The expenses could be from any number of things; like insurance, maintenance of the exterior, swimming pool maintenance, grounds keeping, parking lot upkeep, and so on.

If the homeowner doesn’t pay, the association has no other recourse than to file a lien against their property. If collection efforts on the lien fail to get resolved, the next step is for the association to foreclose on the property.

But the reality is this. . .

If the bank has already started foreclosure proceedings, it would be a waste of time and money for the association to actually begin additional foreclosure proceedings. The association would be at the end of the line in the “pecking order”, for priority in receiving a payoff from foreclosure.

The way that works is, any junior loans (or liens except for unpaid taxes) would be wiped out when the first mortgage holder foreclosed. The homeowner’s association would receive nothing.

So what does all this mean to the lady asking the question? It means that the homeowner’s association is bluffing and hoping that she’ll pay the bill.

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