What happens to my mortgage if myHOA forecloses on my home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens to my mortgage if myHOA forecloses on my home?

Asked on November 29, 2011 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your HOA forecloses upon your property presumably due to unpaid association fees and dues, you would lose title on your home and the HOA would take title to your property subject to its existing mortgage in place.

If the HOA does not want to lose title to the property, it will need to keep the mortgage payments on the home current.

Most likely the HOA will have an auction of your property for payment of unpaid dues where there is presumably a mechanic's lien recorded on the property. The HOA can then make a full credit or partial credit bid of the amount you presumably owe it at the sale it could hold on your property.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption