I have a condo going into foreclosure, can theHOA come after me or just place a lien on the property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I have a condo going into foreclosure, can theHOA come after me or just place a lien on the property?
Asked on March 12, 2012 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The answer is generally "yes"--it can do both. Usually, the various HOA agreements, documents, etc. give the HOA several different options to collect amounts due to it, including some or all of:
1) Liening the property;
2) Foreclosing on the property;
3) Suing the homeowner for amounts owed.
An HOA can always do 3)--anyone owed money lawfully may sue. It can do 1) and 2) if the HOA documents give it to the power to do so, so you need to review those documents to see what it's rights are. (Note: even if the operative documents don't directly give the HOA power to lien your property, if it sues you and wins and you still don't pay, it can get a lien put on the property through the normal legal enforcement mechanisms available to any winning plaintiff.)
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.