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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111450
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am a widow of 5 years. When my husband passed in July of

Customer Question

I am a widow of 5 years. When my husband passed in July of 2010 we had several pieces of real estate properties all with notes. One condo is located in the state of Hawaii which is also where I reside.
Here is the situation and question.
Question: Do I have the ground for a damage claim against the mortgage company. the HOA, its members, the assoc property manager, the previous laywers that handled the foreclosure on the condo? Is there grounds for a suit.
Background
When my husband passed, we were nack approx. 3 months on the loan and HOA payments. The Assoc property manager attended the funeral. It was a sudden death with lots of loose ends. It tuned out that I was not on the loan for the mortgage but I was still on the title. I was told about a month after my husband passed that the HOA had foreclosed on the condo and therefore the locks were changed and they began immediately renting it out. I have receved multiple notices of foreclosure actions. I have called the HOA in the beginning and also left message for each and every time I received a court notice of a new commissioner to over see. Not one time has any of them returned a call.
In the meantime I have continued to receive monthly statements from the bank lein holder who refuses to speak to me since I was not on the loan. I was wondering why am I heing billed for a condo that was foreclosed upon. This past summer I again received documents staying it was finalized for the forclosure yet I still received bills.
This past week I received a letter from a court appointed attorney acting as commissioner requesting I turn over a set of keys fo9r inspection of the property that I am holding title to. I called and actually had a conversation with the assistant who stated the following.
The state found innapproriate process and is forcing a new foreclosure. The HOA never followed through on their bid to purchase the condo back in Aug of 2010, nor have they made one loan payment in these past 5 years. However, they have been renting it out and collecting income monthly. They never title changed it either as they never bought it our of the foreclosure. I was able to survive my other properties by working with the banks and catching up on payments. My other real estate has been in good standing shortly after my husband passed. I was not given that opportunity by this faulty foreclosure process. Now I am back 5 years on loan payment and HOA payments as well. There is not way we can salvage this condo under the circumstances I am facing and the illegal tactic used in order to get this condo, including the previous attorneys and State and HOA.
Is there a case for a law suit and what are my options if any since this is purely the act of multiple parties who knew my circumstances.
Thank you *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You possibly have a claim against the HOA for breach of contract, but you need to hurry because the statute of limitations is running out on that claim, it is only 6 years from the date they improperly foreclosed. In order to have a claim though, you need to file your husband's estate for probate and conduct the dispute on behalf of the estate, since the mortgage was only in his name. You must have an attorney to file for probate and upon filing for probate your probate attorney will file against the HOA, which will stop them from continuing action. Since the court is demanding the keys now, you need to get to a probate attorney quickly to avoid being held in contempt of court for not turning over the keys.

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