New property Lein from previous owner's debt?

Question Details: I don't see how this is possible but I was just notified that the local homeowners assoc (Tenn) has filed a suit to attach a new lein on my property for dues owed by the previous owner from 2 years ago. The assn. is negligent for not attaching the lein timely when the previous owner still owned it. Or am I wrong? They are suing the previous owner also but in the same suit want to attach my property.

Asked 7/22/2009 under Real Estate | 302 View(s) | More Legal Topics

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Real Estate Law Answers

They schnoozed, they losed. (Sorry to be ungrammatical, but I wanted it to rhyme.)

IF they had attached a lien prior to your buying the house, then you would have bought the house subject to the lien. However, they cannot sue you to put a lien on your property for the actions of someone else UNLESS the property deed or contract of sale specifically said that any buyers of the property take it subject to any back dues owed the HOA. Without something like that overtly in writing (which your attorney should have spotted when you were buying the property), you are not responsible for someone else's failure to pay HOA fees. Check your deed and contract of sale; also check anything you signed with the HOA to see if  you obligated yourself; but they need something in writing establishing their right to attach your property for someone else's failure.

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