OPPS, don't forget those HOA fees

Many foreclosed homes or condo's are managed by homeowners associations (HOAs) and are months’ or years’ worth delinquent on their HOA dues at the time of foreclosures.

Given that foreclosure takes six months or longer in most areas, the vast majority of home owners facing foreclosure are very aware that it’s coming. The vast majority of these people stop paying their property taxes and HOA dues when they realize that they’re going to lose their homes.

The type and extent of HOA collection efforts, which are legal, depends on the terms of any agreements that were signed when the property was purchased, the laws in the area.

Virtually everywhere, HOAs are authorized under state law and the terms of the complex or subdivision’s covenants, conditions and restrictions (CC&Rs) to place a lien on the property once your dues fall delinquent by a certain amount (usually a certain time period, like 90 days behind).

However, this lien is placed against the home itself, not your personal property, salary or bank account. I have experienced delinquent HOA fees being paid by the lien holder in a short sale, but just as often I have seen a short sale stop dead in it's tracks due to delinquent HOA's because the lien holders refused to pay them, and the home seller does not have the money to do so.

The HOA may require the lien to be removed before the title to the property can be transferred to a new home buyer, which would mean either the bank or the next buyer would have to pay the lien off to close the deal (many banks do in fact pay these types of liens off when they resell a property after foreclosure).

However, you should be aware that it’s totally in the bank’s own discretion whether or when it tries to sell your former home. In some instances, the bank does not even attempt to resell the property for months or even years following a foreclosure.

And it may do nothing to pay off the delinquent dues until it absolutely has to — which is when escrow closes on its resale of the home.

Under the terms of many HOA agreements and CC&Rs, the HOA may pursue a variety of traditional collection efforts — including collection agencies or taking you to court — until the back dues are paid. The HOA doesn’t care who pays them — you, the bank or even the eventual buyer — but it does have the right to take legal means to collect the money until someone pays.

The next step would be be to closely read the lien you received — it is probably a lien against the home, not a levy against your personal property or bank accounts. Paying the lien off against the home, to clear the property is no longer your responsibility — the bank will deal with that.

However, do be aware that the HOA can and may pursue you for the delinquency personally, if it chooses to do so before someone else pays it.

Remember you need a professional to help you through the process of selling your home, or purchasing your new home once it has become an REO or Foreclosure property.
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