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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7351
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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A unit in our complex has been abandoned by owner. What do

Customer Question

A unit in our complex has been abandoned by owner. What do we need to do to get possession of unit to rent and recuperate our assessments.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
Is there a mortgage lien against it? Do you know the whereabouts of the owner? Have you asked the owner for a Quitclaim Deed to the unit?
Customer: replied 2 years ago.
Yes there is a mortgage on the unit. have no idea where she is. She moved out and said we could have unit. We can't get a quit claim because we don't know where she is. If we did a search, I'm sure we could find her. I doubt that she will be cooperative. She owes the association over $10,000.
Expert:  Irwin Law replied 2 years ago.
In that case, your Association will have to foreclose on its lien and force a sale of the Unit. If done correctly, (Assuming there is no outsider bids) the Association can acquire title that way; however the title will be subject to the rights of the first mortgage holder, and if you do not pay that, then they will foreclose on you and force another sale of the property. That Foreclosure buyer will not be obligated to pay the past due amounts, so that you will lose the ability to collect it. Again, this is general information only, and your state may have some different statutes and/or your Association documents may provide for different results. You might try just taking possession and renting it out for as long you can keep the lender from foreclosing and recoup some of your money that way. I hope that this answer is satisfactory and helpful, so that you will enter a positive rating for it.

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