Can an HOA foreclose for unpaid dues?
Question Details:
I am behind on my HOA dues. The HOA put a lien against my house and now are requesting a default judgement for the amount of the back dues and legal fees. Does this mean they are foreclosing on my property? If not, are they able to foreclose on my home if I do not satisfy the judgement?
Real Estate Law Answers
It's not a foreclosure unless the original complaint was for a foreclosure. Otherwise, they are simply getting a money judgment that will be a lien of its own, on your house and anything else you own. If that's the case, and you don't satisfy the judgment, they would not technically be able to "foreclose." But they would be able to garnish your wages, attach your bank account, and all the other remedies available to judgment creditors. Your home would be the last thing they would go after, if everything else didn't add up to enough.
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