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I have a question about HOA lien laws in Utah. A condominium

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I have a question about...
I have a question about HOA lien laws in Utah.

A condominium in Salt Lake City, Utah has an HOA that filed a "Notice of Default and election to sell." The condo HOA filed a notice of lien as well for about $2000 in past due HOA fees. While there is nothing wrong with selling the condo to catch up on HOA fees, I think they are going about it wrong. A trust deed doesn't exist for the HOA. It is my opinion that the HOA has to file suit, get a judgment and then file an application for a writ of execution and conduct a sheriff sale. They are trying to follow Utah's non judicial foreclosure laws and I think that is improper for an HOA lien.

I have an ownership interest in the condo. I am wondering if I can file suit for a wrongful lien or an injunction to stop the improper non judicial foreclosure.
Submitted: 5 years ago.Category: Real Estate Law
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5/5/2012
Real Estate Lawyer: Lucy, Esq., Lawyer replied 5 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,987
Experience: JA Mentor
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Utah Stat., Section 57-8-44 gives the HOA an automatic lien for unpaid assessments. Section 57-8-45 specifically gives them the right to sell the unit via non-judicial foreclosure. So, unfortunately, you wouldn't have a legal basis for stopping the sale on those grounds.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,987
Experience: JA Mentor
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Customer reply replied 5 years ago
I read the statute. The law absolutely does say they have the rights of a deed of trust. I am surprised the law is so clear and gives them so much authority.

So here's the next question. Can I put myself on title and file a Chapter 13 bankruptcy to catch up the HOA arrearage over 60 payments in a chapter 13 plan? I very much appreciate the answer and the state statute you found.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 5 years ago
I apologize. Because that's a bankruptcy question, I have to as you to open a new thread in the bankruptcy category. I'm not a bankruptcy expert, so I can't provide you the statutes on that.
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Lucy, Esq.
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