Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

A vacant lot was recently sold in the HOA subdivision. The…

Customer Question
A vacant lot was recently...
A vacant lot was recently sold in the HOA subdivision. The property was owned by the same person since 1972. He married in 1996 and died in 2006. He never paid any HOA dues. The Title was transferred to her name in 2006. She sold the property 4/24/2015.
The title company handling the sale was informed HOA dues needed to be paid from 1972 to present. The seller says she will only pay dues from 2006 to present.
What can we do?
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
6/7/2015
Real Estate Lawyer: CalAttorney2, Lawyer replied 3 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,245
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Verified
As the HOA, you can negotiate with them for the debt. The HOA can place a lien on the property for the unpaid assessments, but for the time period in question, you are going to be outside the statute of limitations to enforce most of these assessments (so an offer to pay 2006 to present is actually pretty good).It is up to the Association how they want to handle this (the Board can make a business judgment call on this, and I cannot give you a formal legal opinion on this particular forum), but take into account the cost of enforcement, the statute of limitations issue, the amount of time that it would take to enforce this debt as compared to accepting what appears to be a reasonable settlement offer for the circumstances, and whether or not this appears to be an issue that is going to arise with other units (are you going to have issues with setting a precedent for other units with unpaid assessments from two decades ago?).These matters are all based on the specific facts of the particular association and the unit owner in question, but the above considerations can generally help the board reach a reasonable and effective solution.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,245
10,245 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I purchased a vacant lot in California in April 2015. The
Hello. I purchased a vacant lot in California in April 2015. The seller carried a small private note, which is now due. We are withholding funds from the payoff because the sellers' County weed abatem… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My church in Portsmouth, VA wants to purchase a vacant lot
My church in Portsmouth, VA wants to purchase a vacant lot (to be used for parking) from a private person for $2,000 cash. The seller bought the lot 8 months ago at a Tax Sale auction, and she says th… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
Q: Does a foreclosure by a FLORIDA Home Owners Association
Q: Does a foreclosure by a FLORIDA Home Owners Association void earlier recorded liens? If not how do I record or transfer the lien I am the legal owner of a Recreational Lease recorded against a Cond… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,373 satisfied customers
When I bought my home in 2010 they was no indication in my
when I bought my home in 2010 they was no indication in my warenty deed, title insurance or Plot map, that my home was in a subdivision that required me to pay HOA fee's. The original owner never paid… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I have a 2 acre vacant lot in a private community in Texas.
I have a 2 acre vacant lot in a private community in Texas. I stopped making payments in March of 2012, and also stopped paying the HOA dues. The HOA foreclosed on the property in Dec of 2014 over 3,0… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
Is there anyway to request Socrateaser if he is on today? I
Is there anyway to request Socrateaser if he is on today? I am a real estate agent in Florida. I represented the seller in a sale where the seller requested the buyer to present offers on the FAR/BAR … read more
socrateaser
socrateaser
1,031 satisfied customers
I sold my condo on May 5, 2015 and the title company sent a
I sold my condo on May 5, 2015 and the title company sent a hud statement to the management company but on July3. 2015 they deducted 1,400.00 for fees for July, August, Sept. 2015 and are refusing to … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
We are selling a vacant, rural lot in New Mexico and we have
We are selling a vacant, rural lot in New Mexico and we have obtained the 2014 version of Purchase Agreement (PA) for Vacant Land, Form 4101. I am filling it out based on the same form we signed in 20… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What happens to the original deed when a 1099A is issued by
What happens to the original deed when a 1099A is issued by a bank? Can they still keep the deed of that property in the homeowner's name? Please advise.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
History: - Par-Del Inc. was created by 14 owners of the Del
History: - Par-Del Inc. was created by 14 owners of the Del Cerro Condominium complex of 14 units - Par-Del Inc. owned an adjacent lot next to the Del Cerro complex with Del Cerro listed as the second… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,373 satisfied customers
Our subdivision has 88 lots. Thirty four are built out. The
Our subdivision has 88 lots. Thirty four are built out. The HOA establishes one vote for each lot, however the Developer/Declarant has fifty four votes, by virtue of their 54 vacant lots. We have no r… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I need an explanation to language in a general warranty deed
I need an explanation to language in a general warranty deed for a lot in a subdivision located in North Carolina. There are 40 lots in the subdivision: This is the legal description in the General Wa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
What kind of deed is used to transfer a vacant building lot What clos
What kind of deed is used to transfer a vacant building lot? What closing costs are paid by the seller. I am the seller and I have an approved minor subdivision plat that has not been recorded as the … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
In Texas... Prior to foreclosure a lien was filed by the HOA
In Texas... Prior to foreclosure a lien was filed by the HOA for unpaid dues. An updated lien was filed as the arrearages grew. What happens to the liens? I appologize for the $18. I'm on a fixed budg… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
HOA & sale of condo with termites & structural damages, advice?
My condo's HOA consist of 4 units. The HOA was almost nonexistent for almost three years. The woman that ran the Associate died three years ago, she was in unit 3. Unit 3 sat empty for a year and a ha… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
We have a small association where one unit has ...
We have a small association where one unit has been foreclosed and no assessments have been collected since 2005. We have a seller who took over the unit in 2006 and cites the Illinois Condo Law as th… read more
AlexLaw
AlexLaw
Doctoral Degree
140 satisfied customers
I own some of the last undeveloped property in a Tennesse ...
I own some of the last undeveloped property in a Tennesse subdivision since 1974. It is one acre. Dues have recently gone from $25 to $250 per year and are increasing. My title says nothing about dues… read more
kbmlawyer
kbmlawyer
Doctoral Degree
38 satisfied customers
i sold my property. the buyer took a small bulding from my ...
I recently sold my property. the buyer took a bulding from my property, and moved the bldg. to another property he owns. I have a 1st mortgage on the property ,and have not given permission to remove … read more
AlanM
AlanM
Law Degree
817 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x