I foreclosed on my condo and the Homeowners association is suing me for past dues. Can they still sue me for past dues?

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I foreclosed on my condo and the Homeowners association is suing me for past dues. Can they still sue me for past dues?

Asked on June 5, 2009 under Real Estate Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you need to do is review the terms in your homeowners agreement. Those tend to specify what the proper procedure will be when for example there is a foreclosure. Normally it is possible because the mortgage that your foreclosed on is different than the homeowners dues and you are responsible to pay both to different entities. Your failure to pay is a breach of the contract with the homeowners association and as a result you are liable for those payments

Again notwithstanding the above you should review the terms of that agreement and if you want to I suggest speaking with a local attorney they can help you if any possible caveats exist for this type of situation in your area.


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