Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
What is CC&R?
I'm looking at the HOA's bylaws and can't find the phrase "first lien holder." Is there a particle article that deals with foreclosure or default on fees?
I don't see anything about priority lien in the bylaws so I will need to bring the document to an attorney. Where would I find land records? Is that the same as recorded deeds?
A quick glance through the bylaws seems to suggest that the HOA subordinated collection of monthly fees to something called "permitted mortgages," which might suggest that the bank has first crack at collecting money from the abandoned property. Does that make sense?
So do we have any recourse with the bank? The bank is suing the estate of the former owner (who died) in Common Pleas Court, which might take months to be adjudicated. Can we join the suit or at least be informed of its progress? If we contact the bank, are they obligated to work with us/communicate with us?
How do we join a case?
Who owns the abandoned property--the bank that holds the lien, the estate of the deceased, or the HOA?
As the condo association which includes this unit, do we have any legal right to require the bank to keep us apprised of its actions? After all, there is common property (basement, attic, roof, front lawn and walk) owned by the entire HOA. In other words, how can we become an active party in whatever's happening with this unit? As of now, we receive no written or oral communication from anyone and feel quite helpless and marginalized.
We don't even have a person's name or phone number to connect to.
Can a non-lawyer file a joinder? If so, with whom do we file?
OK, I'll report all this to our board and recommend that we ask our attorney to file a joinder to join the lender's suit. I will also ask him to review our bylaws to ensure that we don't have a priority lien. Then we'll have to use our powers of moral suasion and letter-writing to push the bank to move expeditiously to resolve this issue so we can start collecting fees again.
Thanks for your help! How can I print out and/or save our conversation?
OK, I'm going to sign off now. You've been very helpful. I'll give you a high rating!
I need you to close the session so I can rate our session.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).