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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My HOA filed foreclosure on my proerty this week - I dont

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My HOA filed foreclosure on my proerty this week - I don't understand how they can do this - what about my mortgage company? What can I do - I am behind on fees due to major medical issues which I have tried to work with them and have been "denied" each time. Is there anything I can do now to stop this? does this stop the late charges that continue to mount? I am just lost!
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

Yes, the HOA can foreclose on your property for the unpaid dues. Usually, the HOA agreement states that the dues are a primary/first lien on your property and that the lien for dues supersedes the first mortgage.

Even if the HOA doesn't have a first lien, it can still foreclose, but the the proceeds from the sale would first have to be used to pay off the entire balance of the mortgage before any money can be used to pay the HOA dues.

The only way to stop foreclosure is by filing chapter 13 bankruptcy. This will stop any foreclosure proceedings, and will allow you to work out a payment plan for you to repay the past due fees. This is the only way that you can take control of the situation and stop the HOA from pushing you to bankruptcy.

i hope this answers your question, but if you have others, please REPLY and I'll be glad to respond. Thanks.
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