Best practices dictate that you engage the services of an association-savvy attorney to help you 'clean up' the legal status of this land development situation.
The titled owner is responsible for HOA assessments, whether it be the fore-closed-up owner or the bank -- when the bank takes over title to the property.
Read the terms of the deed. If it says that the HOA has control, it does. The fact that the development isn't finished doesn't change that.
Close friend
Pay all your past due assessments and fees and the legal costs associated with trying to collect them.
The key in your question may be 'successful' instead of 'lawful'.If an association waits until a home is in foreclosure to collect long, past-due assessments, the association may not be successful in collecting what is owed.Best practices dictate that the association work with association counsel to collect past-due assessments.AnswerYes. It is lawful to record an HOA lien on a home that is in foreclosure. In fact, in some states HOA liens are given a special status, much like property tax liens, regardless of their recording order. See related link.
Association assessments are paid by the owner of record. If your name remains on the deed, you owe assessments.In most cases, the homeowner or unit owner is responsible for paying the HOA fees prior to the foreclosure. Once the lender takes legal possession by foreclosure no further fees are added to the amount due but the HOA can pursue payment of the past due amount. In Florida, an HOA can go after a homeowner for past due fees even after the bank has foreclosed by using the process used for a 'deficiency judgment'.
Yes, until the bank is the owner. The fact you're in foreclosure doesn't change the fact utilities need to be paid as well as your staff. It's not only the bank that can put you into foreclosure; even your HOA/condo association can force the sale of your home due to delinquency.
a store would close by foreclosure by the bank or ur just gay and have no life or no business a store would close by foreclosure by the bank or ur just gay and have no life or no business
Yes. A note on the interest part--your state's law will dictate what interest, if any, you will receive. And you will assume the HOA's liability--if the lien is later declared invalid, you will be responsible for the homeowner's court costs. Make sure that it is a part of the sale of the lien that the HOA will cooperate in any foreclosure proceedings that might occur to collect the lien--without them, the homeowner will likely win.
It's unclear from your question who owns the property, who is foreclosing on the unit and the reason for the foreclosure. If you own the property, and you owe money -- either to a lender, to a tax authority or to the association for over-due assessments -- foreclosure should not be a surprise. Foreclosure is usually accomplished either by a lender, a tax authority including the IRS, a co-owner, or the association. Before action for foreclosure begins, the owner has been notified, warned, advised and otherwise informed of options in lieu of foreclosure, but that foreclosure is a possibility. If not before now, the foreclosure action has your attention. You can attempt to work out a different result with whomever has taken the foreclosure action, which may prevent you losing your residence.
Actions such as sending collection notices, filing a lawsuit, obtaining a judgment, or initiating foreclosure proceedings against a property would likely qualify as proceedings to enforce a lien or collect a debt for unpaid HOA assessments in Maryland. Any action taken by the HOA that aims to recover unpaid assessments through legal means can be considered part of the enforcement process.
Depends - you need to know if your state allows corporations, associations and such (whatever kind of entity your HOA is) to represent themselves in court. Illinois, for instance, does not. Otherwise, if your state says it's ok, well, there's another maxim: "a lawyer who represents himself has a fool for a client".