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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112777
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can a property be foreclosure 1st by hoa & 2nd time by bank

Customer Question

Can a property be foreclosure 1st by hoa & 2nd time by bank of america
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.

Unfortunately, yes, both an HOA and a bank can foreclose on the property. There are two different liens here. First, the HOA can have a lien on the property for payment of maintenance fees. Second, if there is a mortgage, the mortgage company can also foreclose on the property if the mortgage is not paid. The owner is liable to both the HOA for the unpaid fees and also the bank for the unpaid mortgage as the owner is contractually obligated to both of them.