Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

How does it take and how much does it cost to foreclosure on…

Customer Question
how long does it take...
how long does it take and how much does it cost to foreclosure on an owner for being delinquent in HOA dues
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 16 minutes by:
2/12/2016
Real Estate Lawyer: CalAttorney2, Lawyer replied 2 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

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.

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
LIEN EXPENSE QUESTION: Officers of a Condominium Owner's
LIEN EXPENSE QUESTION: Officers of a Condominium Owner's Association (COA) are considering filing a lien on the condominium unit of a Co-Owner for non-payment of that unit's share of the insurance pre… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
An HOA is putting a $2500 lien on an unimproved lot in Lake
An HOA is putting a $2500 lien on an unimproved lot in Lake County CA. My name as recorded is Dale Moore, Trustee. My ex wife is now trustee through a divorce settlement. The change was never recorded… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,543 satisfied customers
In california; how much can the buyer of the HOA lien at a
In california; how much can the buyer of the HOA lien at a HOA foreclosure sale charge the redeeming owner to redeem their property in addition to HOA arrears/fees/interest? What if the buyer pays mor… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Our HOA needs to raise over $200K as a special assessment to
Our HOA needs to raise over $200K as a special assessment to replace a failing foundation. Three of the owners, who collectively owe almost half that amount, refuse to pay it, and we cannot otherwise … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
What if a mortgage lender takes over a property within a HOA
What if a mortgage lender takes over a property within a HOA or Condo Assn in a friendly foreclosure (deed in lieu of foreclosure) whereby the property owner is obligated to pay fees and assessments..… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master's Degree
3,911 satisfied customers
Hi, I own a condo in westminster, co. 4 unit building.
Hi, I own a condo in westminster, co. 4 unit building. We have an HOA with just the four of us owners. It pays insurance, water, gas and trash only. One of the owners hasn't paid his hoa in years. The… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
If I have a pending HOA foreclosure and was in a forebearance
If I have a pending HOA foreclosure and was in a forebearance to bring it current; what options do I have if at or before the end of the forebearance, the HOA's representatives did not respond to my r… read more
socrateaser
socrateaser
1,031 satisfied customers
A home in our association was foreclosed upon; the association
A home in our association was foreclosed upon; the association received notice from the bank who now owns the property 6 months after the foreclosure. They are paying HOA fees since the foreclosure bu… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Hello, I had a foreclosure in late 09, which subsequently
Hello, I had a foreclosure in late '09, which subsequently sold in early '11. I came home last night to find a "summons" which states I'm being sued for the HOA fees from the condo that went through f… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Florida hoa. Our board president is starting foreclosure proceedings
Florida hoa. Our board president is starting foreclosure proceedings against 5 lot owners who have delinquent payments and liens from our hoa. he is attempting to have our hoa take title and resell th… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
Hello, I am inquiring and researching to find out how a particular
Hello, I am inquiring and researching to find out how a particular party was able to purchase a property for $6,000.00. The property at this point is valued around $190k-$200k. Does this mean the part… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Utah, if a condominium unit is taken over in case of foreclosure
In Utah, if a condominium unit is taken over in case of foreclosure or deed-in-lieu, how long is the mortgagee responsible for delinquent HOA dues? Please provide the state statute/law stating that th… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Does the foreclosure on real property that is a part of a
Does the foreclosure on real property that is a part of a homeowner's association negate delinquent dues owned the association? Or, must the dues owed be prorated from the date of the foreclosure?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers
This question is a little complicated because the legislation
This question is a little complicated because the legislation is so new. It deals with the passage of California Civil Code Sec. 1367.4(took effect Jan. 1,2006). The phrase i need interpreting is"By r… read more
LawyerWriter
LawyerWriter
Doctoral Degree
187 satisfied customers
We, as a Home Owners Association Board, have two delinquent
We, as a Home Owners Association Board, have two delinquent property owners. They have failed to respond to Invoices, emails and a Demand Letter. We wish to file civil action in Small Claims Court to … read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
My home is in foreclosure and my HOA dues are delinquent. I
My home is in foreclosure and my HOA dues are delinquent. I have moved to a rental in the same town. The HOA is denying me access to the amenities as a renter because of the delinquency of the home I … read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
For my house in San Jose, CA, I missed paying $700 worth of
For my house in San Jose, CA, I missed paying $700 worth of homeowners' association dues. The hoa turned it debt over to a collection agency, who added $3800 worth of fees. I've since paid the origina… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
WE HAVE FORECLOSED ON PROPERTIES AND THE HOA IS CHARGING US
WE HAVE FORECLOSED ON PROPERTIES AND THE HOA IS CHARGING US FOR PAST TAZES AND HOZ DUES. IS THIS LEGAL?… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 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