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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17110
Experience:  Licensed General Practice Attorney, Texas
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My condo association is telling me that they have the right

Customer Question

My condo association is telling me that they have the right to kick me out of my condo. If that is true, who becomes responsible for my house payment?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 2 years ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. While it's true that repeated violations of a condominium bylaw or rule could result in fines and other fees that they could foreclose the condo to satisfy, they can't just "kick you out" without some sort of legal process such as assessing the fees, foreclosing, and eviction. My guess is that they either do not know what they are talking about or they are trying to scare you into compliance. Again, it is true that violations of the condominium CC&Rs would allow them to assess fees and potentially sell the condominium at foreclosure sale, which could force you out, that's a much longer process than they might make it seem. If that were to happen, the mortgage company would still have a "senior lien" in which they would be able to foreclose against the property. They would do that to satisfy the payments owed. Only if there was a balance after that foreclosure could they then go after you for the "deficiency". Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacESQ replied 2 years ago.
Did you have any other questions before you rate this answer?