Can an HOA sue for unpaid dues after the property has been foreclosed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an HOA sue for unpaid dues after the property has been foreclosed?

I had a lien placed on my condo by the HOA and now the property has been foreclosed by the bank. Can the HOA sue me for unpaid dues or does that get resolved in the foreclosure?

Asked on March 2, 2011 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately, the HOA absolutely can sue you. The bank foreclosed on you (presumably) because you defaulted on your mortgage oblilgation. The Home Owner's Association is a different entity and their cause of action against you, for unpaid dues, proceeds on a different basis. The action(s) that the bank takes has no effect any claims against you by other entities, especially those grounded in a different basis. Similarly, if you had not paid your property taxes on the condo, the state could proceed against you as well.

The bank's foreclosure means that the HOA's lien will probably come to nothing; but that doesn't stop the HOA from suing you or using other mechanims (such as wage garnishment) to collect.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption