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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33717
Experience:  15 years real estate, Realtor. Landlord 26 years
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My great uncle is 91, lives alone, and s only source of

Customer Question

My great uncle is 91, lives alone, and his only source of income is social security.
Years ago he took out a reverse mortgage on his condo, the current state is that he no longer has any equity but as long as remains in the condo the bank cannot force him out.
The HOA has raised monthly dues and also passed a special assessment. He can not afford the special assessment nor the increase in dues since he has not income or assets, outside of his monthly social security.
Can he choose not to pay his HOA dues and the special assessment, without risk of eviction?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If he doesn't pay his HOA dues and the special assessment, then the HOA's only recourse is to file suit against him personally to try and get a judgment against him and then foreclose on the property to force a sale of it to pay the fees. They can't come after his SS, but could eventually force a sale of the property. However, if there is no equity in it due to the reverse mortgage, then there is nothing that they would recover as the reverse mortgage would have superior status over the judgment lien.

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So while they could force a sale, which would result in the reverse mortgage company getting possession sooner because they would bid at any auction, they wouldn't get any money. So they may be hesitant to incur the thousands of dollars to sue, get a judgement, foreclose and force a sale where they won't get any money..

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They would likely just try to collect from the reverse mortgage company once uncle passed away after filing a lien on the property.

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So could they eventually force him out....yes. Would they?...that is probably unlikely..

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thanks

Barrister

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