Can an HOA foreclose on your townhome?
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Can an HOA foreclose on your townhome?
I am behind in my assessments by 3 months but arranged with the management company to pay a certain amount more every month. I received a letter from the managements attorney that I had been sent to them and they are putting a lien on my house and then foreclosure. I have been keeping my end of the arrangement?
Asked on January 26, 2012 under Real Estate Law, North Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless your HOA is in a first lienholder position, it cannot foreclose on your home especially if it has not gone through the judicial process of foreclosure. You need to immediately contact the management company and indicate you had a written agreement regarding the payment schedule and by breaching this agreement by sending to collections for threatened foreclosure, the management company has breached the contract. Finally, you will need to file a complaint against this attorney with the state bar for possible ethical violations and further, you will need to see if your state attorney general has jurisdiction over these matters. If so, file a consumer complaint.
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