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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118128
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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A ranch association is trying to forclose on my property for

Customer Question

A ranch association is trying to forclose on my property for back dues owed.they have broken many bylaws of the agreement. can they take my land and auction it off?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, yes, if they are able to foreclose because you did not pay dues they can take your land and sell it through auction. If you claim you withheld dues because they were in breach of the bylaws, then you will need to file a countersuit and you will need to prove you do have the funds for the dues available in the event they cure the breaches of the bylaws or that the court finds you should have to pay because they did not materially breach their bylaws.
If you prove a material breach of the bylaws, then the court can remove any lien and order them to comply with their bylaws and tell you no dues are due because of their breach. However, you need to file your countersuit for breach against them.