How does an HOAfilea lien on a soon-to-be-foreclosed condo?

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How does an HOAfilea lien on a soon-to-be-foreclosed condo?

Owed over 6 months of dues. So for, from what I’ve read, it appears that I’ll need to go to the County Clerk to file a lien. However, I don’t know what paperwork to bring, where exactly to go, what forms to fill out, or what notice is required to give the condo owner prior to (or after) filing the lien?

Asked on March 5, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Laws surrounding the rights of a Home Owners Association are very specific and that is why some attorneys can specialize in it in some area of the country.  You did hit the nail on the head as to the issue of notice.  It is very important in any legal proceeding and especially so in a proceeding that can effect the ownership rights of someone.  Now, I believe that you need to actually start your own proceeding of foreclosure or at least to sue the homeowner for the fees that are owned to get a judgement to collect upon.  Your judgement, however, is subordinate (below) the judgement of the lien holder but it can be filed and last the statutory time period to collect.  Get legal help here. Good luck.  


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