If I lost my condo to foreclosure, what actions can the HOA take against me for the balance owed?

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If I lost my condo to foreclosure, what actions can the HOA take against me for the balance owed?

How long do they have to take the action? I just want to know my options.

Asked on August 5, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you lost your condominium in a foreclosure and you owed the home owner's association money for unpaid monthly fees and other assessments to your former home, you will owe the total of these amounts and accrued interest up to the time you were taken off title to the home at the trustee's sale.

The trustee's sale in California as a senior lien wiped out any and all junior liens that the association placed on your former home under recorded "covenants, conditions and restrictions" upon it when you bought it as a matter of law.

If the association wants to press you for unpaid monies owed concerning your former home, it has up to four years in California under a "common counts" theory of recovery to file a lawsuit against you for the monies owed starting from when the obligation accrued.


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