Can a lawyer/HOA put a lien on a home, foreclose, and set an auction sale without the owner’s knowledge?

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Can a lawyer/HOA put a lien on a home, foreclose, and set an auction sale without the owner’s knowledge?

I was unaware of accumulated late fees, and of missing payments because we don’t get monthly statements. I never received a notice that my account was going to collections, or that a lien was going to be placed on my townhome, or that there was a foreclosure, or that there was a pending auction of my home. I only learned after a realtor was found out front taking notes on my unit. The property management company wouldn’t discuss with me, and the lawyer isn’t much better. The lawyer had sent certified mail, but due to notoriously bad postal service to the complex, I never received the letters, nor did I receive a note saying to come to the post office to sign for a letter. The letters were returned to the lawyer, without me ever seeing them or knowing they existed. I was promised a payment schedule by the lawyer that I’ve never received after months of trying to set this straight.

Asked on May 26, 2009 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Okay, so here is a question -- were you paying? If you were not paying your fees, then you should have known it would get to this -- that in and of itself may be notice. Yes, they must have given you some sort of notice -- the question is how.

If you have issues, try www.attorneypages.com, like a for an HOA expert and then check his or her record at www.calbar.ca.gov under attorney search.


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