Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

My great uncle is 91, lives alone, and s only source of

Customer Question
My great uncle is 91...
My great uncle is 91, lives alone, and his only source of income is social security.
Years ago he took out a reverse mortgage on his condo, the current state is that he no longer has any equity but as long as remains in the condo the bank cannot force him out.
The HOA has raised monthly dues and also passed a special assessment. He can not afford the special assessment nor the increase in dues since he has not income or assets, outside of his monthly social security.
Can he choose not to pay his HOA dues and the special assessment, without risk of eviction?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 minutes by:
1/21/2016
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,654
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If he doesn't pay his HOA dues and the special assessment, then the HOA's only recourse is to file suit against him personally to try and get a judgment against him and then foreclose on the property to force a sale of it to pay the fees. They can't come after his SS, but could eventually force a sale of the property. However, if there is no equity in it due to the reverse mortgage, then there is nothing that they would recover as the reverse mortgage would have superior status over the judgment lien.

.

So while they could force a sale, which would result in the reverse mortgage company getting possession sooner because they would bid at any auction, they wouldn't get any money. So they may be hesitant to incur the thousands of dollars to sue, get a judgement, foreclose and force a sale where they won't get any money..

.

They would likely just try to collect from the reverse mortgage company once uncle passed away after filing a lien on the property.

.

So could they eventually force him out....yes. Would they?...that is probably unlikely..

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,654
41,654 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,654 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I need advice regarding an eviction, no the HOA have
Hi JA: Hi. How can I help? Customer: I need advice regarding an eviction JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: no the HOA have demanded I evict my t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
Can my HOA legally deny me a reverse mortgage? I've been in
I've been in contact with a mortage lender who actually contacted the association, and was denied … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,266 satisfied customers
Virginia HOA issue. Petition sent to HOA Board.Copy sent to
Petition sent to HOA Board.Copy sent to Management Company … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
My Hoa dues are in arears. My Mortgage payments are up to
My Hoa dues are in arears. My Mortgage payments are up to date. I am a disabled VET and have offered to pay my HOA dues up to date with partial payments. HOA has refused this and plans to foreclose on… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
Our mortgage lender requested a copy of our HOA's W-9 for
Our mortgage lender requested a copy of our HOA's W-9 for update our files. When the HOA provided the W-9 they also shared with our mortgage company (on the 26th of the month) that we had not paid our… read more
Michael Gonzalez
Michael Gonzalez
JD
581 satisfied customers
I indeed have a question, on HOA ,atters. on our HOA. We
Hello ****. I indeed have a question, on HOA ,atters … read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
I'm atheist, and I live on a 55 plus HOA community, My HOA
Hello, I'm atheist, and I live on a 55 plus HOA community, My HOA is conducting a meeting at a church. I really want to go to the meeting because its on my best interest and I want to be updated on my… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My HOA board granted the HOA president use of platted common
My HOA board granted the HOA president use of platted common area in the attic space located above her unit in violation of the HOA rules that require 67% of the homeowners authorization. The did this… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,563 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
Second opinion] My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified the HOA we will… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We own our home, no mortgage, and our HOA is NOT responding
We own our home, no mortgage, and our HOA is NOT responding to us WRT several complaints we have filed with violations of our declaration of covenants. How do we put our HOA dues in an escrow that the… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
MORTGAGE QUESTION: When mortgage lenders make loans to
MORTGAGE QUESTION: When mortgage lenders make loans to individuals to purchase a condominium/home where there is a Condominium Association / Home Owners Association (HOA), do they typically require be… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
I own (flat out, no mortgage) a condo in Fresno, CA. The HOA
I own (flat out, no mortgage) a condo in Fresno, CA. The HOA BoD's takes directions & legal advice from a "Prop. Supervisor," who wants me to abandon ship. Moved here 15 yrs. ago and STILL the common-… read more
socrateaser
socrateaser
1,031 satisfied customers
Regarding an HOA. IS it legal for an HOA to "park" debts
Regarding an HOA. IS it legal for an HOA to "park" debts such as assessment fees, interest charges, recording fees, etc. without any notification to homeowners in any manner for nine months. Then with… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
In Florida, if an HOA forecloses (no mortgage, owned free
In Florida, if an HOA forecloses (no mortgage, owned free and clear), if the auction sale prices does not cover the past due fees, interest, etc is the fee slate wiped clean and starts fresh or do the… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
Mother had reverse mortgage died last jan14 going to evicted
Mother had reverse mortgage died last jan14 going to b evicted hard to type page doesn't work well number *****************… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
If there is a first mortgage on a property, can the HOA
If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 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