If our home is sold at a foreclosure sale, will an HOA lien be paid off?

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If our home is sold at a foreclosure sale, will an HOA lien be paid off?

Our house is in foreclosure; the trustee sale will be tomorrow. The HOA put a lien against the house for $2600 and now a debt collection agency is taking us to court to pay the $2600. When the house is re-sold, won’t the lien be paid ? My husband and I are on social security with no other income. Can they take us to court to get paid and if so, will the lien be cancelled?

Asked on October 25, 2011 under Real Estate Law, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not the lien recorded on your home will be paid off or not upon the home's foreclosure sale depends upon how much the home is actually sold for at auction. If there are sufficient money from the sale to pay off the lien, then you would have no further obligation as to the $2,600 amount.

However, if no part of some of the $2,600 amount is paid off through the foreclosure sale as to the lien, then you would not be responsible for the amount of the paid off lien.

The lawsuit agains you is a completely different matter than the lien recorded on your home. The lien is a means to secure an obligation claimed owed by you. You can be taken to court for the payment of unpaid association dues regardless of the recorded lien on your currently owned property.

 


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