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Question

Can the Homeowners Association enforce a lien filed against a previous owner after a new owner has taken title?

Submitted: 71 days and 17 hours ago.

Category: Legal

Value: $18

Status: AWAITING CUSTOMER ACTION

State/Country relating to Question: California

Already Tried:
the lien was recorded after I took title to the condo in the previous owners name.

Accepted Answer

Hello,

Typically when a purchaser buys in an HOA the purchaser's closing agent obtains an "estoppel letter" from the HOA stating that all fees are paid. If your agent obtained the estoppel letter, then the lien would not be enforceable. However, if no estoppel was obtained, the lien would appear to be enforceable.

Accepts:
Expert:	FLandNYLawyer
Pos. Feedback:	97.2 %
Answered:	9/11/2009

Attorney

20 years of private practice

71 days and 17 hours ago.

Reply

I did not use a agent. I called them on 9/2/09 to make them aware we were the new owners and I wanted to pay the debt. On 9/3/09 they filed the lien in the previous owners name with the Parcel number attached in the lien. Does this not fall under the doctrine of unclean hands?

71 days and 17 hours ago.

Reply

I called them on 9/2/09 to make them aware I was the new owner and asked for a break down of fees owed. On 9/3/09 they filed the lien with the Grantor being the previous owner and attached the Parcel Number. I used no agent or escrow company. Isn't this Unclean Hands?

Posted by FLandNYLawyer 71 days and 17 hours ago.

Answer

Hello,

No it is not within the doctrine of unclean hands. If you purchased without a closing agent, who prepared the deed?

71 days and 17 hours ago.

Reply

I did. The Jurisdiction is California and in Cali Escrow Companies are optional not mandatory. I know in NY they use Attys.

Posted by FLandNYLawyer 71 days and 17 hours ago.

Answer

Hello,

Unfortunately the reason that escrow companies or attorneys are used is to avoid the situation you have described. At this point your remedy would be to file a collection action against the seller.

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Question

Can the Homeowners Association enforce a lien filed against a previous owner after a new owner has taken title?

Optional Information

State/Country relating to Question: California Already Tried: the lien was recorded after I took title to the condo in the previous owners name.

Accepted Answer

Reply

I did not use a agent. I called them on 9/2/09 to make them aware we were the new owners and I wanted to pay the debt. On 9/3/09 they filed the lien in the previous owners name with the Parcel number attached in the lien. Does this not fall under the doctrine of unclean hands?

Reply

I called them on 9/2/09 to make them aware I was the new owner and asked for a break down of fees owed. On 9/3/09 they filed the lien with the Grantor being the previous owner and attached the Parcel Number. I used no agent or escrow company. Isn't this Unclean Hands?

Answer

Hello,No it is not within the doctrine of unclean hands. If you purchased without a closing agent, who prepared the deed?

Reply

I did. The Jurisdiction is California and in Cali Escrow Companies are optional not mandatory. I know in NY they use Attys.

Answer

Hello,Unfortunately the reason that escrow companies or attorneys are used is to avoid the situation you have described. At this point your remedy would be to file a collection action against the seller.

Related Legal Questions

State/Country relating to Question: California

Already Tried:
the lien was recorded after I took title to the condo in the previous owners name.

Hello,

No it is not within the doctrine of unclean hands. If you purchased without a closing agent, who prepared the deed?

Hello,

Unfortunately the reason that escrow companies or attorneys are used is to avoid the situation you have described. At this point your remedy would be to file a collection action against the seller.