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I suggest you retain an attorney, but you don't have to. Then, sue for foreclosure of the assessment lien. The lawsuit should be filed in a court of general jurisdiction in the county where you live. See your county or state bar association for info. Also keep in mind that liens expire--in 8 mos. in WA--so you should act quickly to protect your interest.

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16y ago

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Can HOA foreclose on their liens before the bank lien?

Your answer depends on the nature of the HOA lien, the nature of the bank lien, the state law and the governing documents in effect for the HOA. There is no standard.


What actions by an HOA in Maryland qualify as proceedings to enforce a lien or collect a debt for unpaid HOA assessment?

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.


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It would be improper for an HOA to file a lien if there is no legal reason to file such a document.


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Does a real estate lien from an HOA affect your personal credit?

The lien can be reported to a credit reporting agency.


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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.


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The association counsel that filed the lien for the association can answer your question.


Can the HOA put a lien on an irrevocable trust property?

It is unlikely that an irrevocable trust gives the property any immunity from liens.AnswerYes. If the property is owned by an irrevocable trust the HOA can place a lien against the property and the trust. The HOA should research the trust so that the present trustees can be mentioned on the lien. Although debts are sometimes difficult to collect from a trust, the property cannot be sold or mortgaged unless the lien is paid.


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i may not be an expert on this, but they probably will. ask the hoa before you do it first, just to make sure.


Is the hoa required to notify the homeowner of a lien and by what means?

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