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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am in the process of buying a home. the HOA is trying to

Customer Question

I am in the process of buying a home. the HOA is trying to make me pay $622 for past owed dues, penalties, and lien charges. All due at signing. Is this legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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There is nothing illegal (as in against the law) about them asking you to pay past dues owed by someone else. They can ask you to pay for anything that they want to, but you would not be under any legal obligation to do so if you didn't want to.

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You as the potential buyer wouldn't begin to be liable for any HOA dues until the property actually was deeded over into your name and not before. Prior unpaid dues are the personal responsibility of the seller if the HOA didn't file a lien on the property. If they filed a lien, then those would have to be paid by the seller at closing out of their proceeds.

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So here, you would be well within your rights to refuse to pay any delinquent charges for the current or past owners.

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thanks

Barrister

Customer: replied 1 year ago.
I forgot to mention it is a HUD home. A repossession. Does this make a difference?
Expert:  Barrister replied 1 year ago.

No, not at all. Someone only becomes liable for HOA dues once they become the legal owner. A new owner isn't liable for a past owner's dues as the HOA always has the option of suing the former owner personally, even after a foreclosure or deed in lieu (repossession)

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thanks

Barrister

Customer: replied 1 year ago.
Thanks Barrister! Really appreciate it. Gave you five stars.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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