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barristerinky
barristerinky, Other
Category: CA Real Estate
Satisfied Customers: 33757
Experience:  Attorney practicing real estate law for over 15 years
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My home was foreclosed on in 2014. My HOA had a lien on the

Customer Question

My home was foreclosed on in 2014. My HOA had a lien on the property. The home was sold at the forclosure for $197,000 and $162,000 was owed to the bank.
The HOA is suing me for back HOA dues for $19,000.
I asked why didnt they get the money from the sale of the property and their lawyer told me because it didnt sale for enough however i just researched it and i found it did.
They recently got a judgement against me on October 19, 2016.
I want to know if i can appeal it with this new information especially because i have it in writting that the lawyer said it didnt sale for enough but that's not true.
They were only willing to settle for $12,000.
What can I do now if anythinv?
Submitted: 1 month ago.
Category: CA Real Estate
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Expert:  barristerinky replied 1 month ago.

I can explain why this happened, but unfortunately it won't change the outcome here..

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They didn't get paid back in 2014 because they didn't have a lien filed on the property for the back dues.. If they had, then they would have been paid out of the proceeds right after the bank mortgage was paid.

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So while the dues might have been delinquent, they didn't file a lien so as to encumber the property. Maybe this was an oversight, maybe laziness, but it wouldn't matter.

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The thing about HOA dues is that they are also a personal obligation of the owner. So if they don't file a lien on the property, they can still come after the homeowner, even after they no longer own the home, for the money for up to 4 years in CA as that is the statute of limitations for a breach of contract action.

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I want to know if i can appeal it with this new information especially because i have it in writting that the lawyer said it didnt sale for enough but that's not true.

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So no, the fact that they were wrong about this wouldn't have any effect on them being able to pursue you personally for the debt if they were lazy and didn't file a lien as long as they filed suit within 4 years of the dues becoming delinquent. I don't want to see you throw away money trying to challenge something that there is no legal basis for doing so..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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