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Category: CA Real Estate
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Experience:  I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.
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My condo was foreclosed in the state of California. I had a

Customer Question

My condo was foreclosed in the state of California. I had a first mortgage in the amount of 500,000 dollars owed including all bank fees owed and a lien for $ 45,000 in HOA dues. The first mortgage foreclsed and an investor purchased the property for 515,000. Am I responsible for the remaining 30,000 in HOA dues?
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Typically when the first mortgage forecloses their lien is superior to any potential lien secondary to them. In this case it is likely the HOA lien was stripped from the property meaning a future purchaser did not have to pay it.

Unless the HOA agreed to some debt forgiveness then this would typically go from being a debt owed secured by the property to an unsecured debt owed. Generally yes you would owe the remaining amount. It depends on how agressive the HOA is as to whether they file suit and attempt to collect. Do note that if they have not previously sued you and obtained a judgment then they must do so before they can seek to levy against any bank account or take any other action to collect the debt. I say that just so you know that if some collector calls at some point and illegally states they are coming to get your vehicle you can ignore the treat as they can't take anything until they get a judgment and you will know because they will serve you with papers stating that you are being sued.

I am sorry I have to be the bearer of this news as it may not be the answer you wanted, but I am obligated to provide you the most accurate answer as I can and then you can act on your rights once you understand your rights.

Feel free to reply here with follow up questions.