I live in Charlotte, NC. I owe 1,200 in hoa dues which includes legal fees. Can a lien be placed or the propery be foreclosed?
Question Details: I live in Charlotte, NC. I received a letter from the attorney for my hoa saying they intended to place a lien on the house and then later in the same notice said the hoa will proceed with foreclosure. I owe 1,200 in hoa dues which includes legal fees. Can a lien be placed or the propery be foreclosed? If so, how can this be avoided and can these fees be covered in backruptcy?
Real Estate Law Answers
I am a lawyer in CT and practice in this area of the law. Under most state laws, the condo association may place a lien on the condo and seek attorney's fees and costs of collection. The condo assoc. may also foreclose on the lien and has a priority over the bank in first position for 6 months of condo fees. the condo association may also come after you personally (i.e. garnish wages, bank account, etc.) for the remaining amount owed. You may discharge this debt in bankruptcy if you decide to file.
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