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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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How does it take and how much does it cost to foreclosure on

Customer Question

how long does it take and how much does it cost to foreclosure on an owner for being delinquent in HOA dues
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

The foreclosure process is generally a non-judicial foreclosure (trustee's sale) in California and takes approximately 6-12 months following the lien being placed.

This time frame can vary widely as it is highly dependent on whether or not the property has other liens (such as a mortgage, a second (or home equity loan), any judgment liens, or other liens) that must be dealt with in the sale.

The HOA is best protected by retaining a professional management company that specializes in collection (there are several companies both in Northern California and Southern California (you can find referrals through the "Community Associations Institute" or "California Association of Homeowners Association") - these management companies focus only on collection of assessments, fees, and performing trustee sales (foreclosures) and work in partnership with HOA law firms in your area to help you complete this process as swiftly as possible.

Under Davis Stirling (and most likely under your CC&Rs) you can recover the cost and fees incurred by these professionals as part of your trustee sale expenses.