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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Is my husband responsible for paying the deliquent amount owed

Customer Question

Is my husband responsible for paying the deliquent amount owed to the HOA after trustee sale has gone through on the property and the HOA has put a lien on the property. The lien will be paid off by the trustee sale and the bank, correct? the Hoa has filed a small claims suit but the court date is after the date of the trustee sale. trying to find out if it will be resolved through the trustee sale and the bank or if we should just pay?
Submitted: 7 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 7 years ago.

The HOA cannot createfor itself a superior position. If the amounts owed to HOA were incurred before the the Trustee sale, then they are included.


You are correct in your statement that the lien will be paid off by the trusee sale.


You should bring this to the attention of the trustee; you should not make any payments without running them past the trustee because you do not want to be accused of giving any particular creditor a preference,



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ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar


DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel



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