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I am a homeowner of a condo in texas, can an hoa association…

I am a homeowner...

I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buyer and I will pay off all dues and taxes from closing proceeds, can they stop it or can I do a separate agreement with buyer saying it comes out of closing funds

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Texas

Lawyer's Assistant: Has any paperwork been filed?

Not yet, I filed bankruptcy, but we dismissed in order to sale first, forclosure not filed yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I requested info on hoa such as subdivision and by laws and resale certificate, I requested in writing and paid 75.00 to get within 10 days which I understand to be the law, the emailed back and said can't sell until past due amounts paid.

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Answered in 1 minute by:
8/17/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,143
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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The title company can fix this.They can hold funds and pay off the Condo Association as part of closing.Your realtor should work with them to resolve.This should not stop closing if you have realtor give title company a heads up and resolve it here.Please do not despair this can be fixed if there are sufficient funds to pay it off from closing here in Texas.I did several of these as a title company lawyer.Realtor and you should go talk to title company and resolve this.

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 11 months ago
Ok what if they go down tomorrow file for closure our contract is in option period
Customer reply replied 11 months ago
Hello what if they file foreclosure while in option period

I would hope the title company lawyer can resolve this.Foreclosures are first Tuesday of each month, you would be good at least until Sept here.

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Sept 5th , cannot sell it before them maybe longer.

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Good luck here appreciate the chance to help you ,thanks for rating 5 stars.

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Customer reply replied 11 months ago
they had previously filed the emergency hearing on foreclosure then I filed bankruptcy but we had court today my lawyer dismissed it so we could sale it catch up dues verses surrendering it with our dismissal did that make that foreclosure go through or do they have to re file

You would be noticed here of any hearing on the foreclosure.You will know at that point how much time you have.

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Good luck here I think you have right idea and real good chance to sell and close prior to foreclosure.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,143
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 11 months ago
Ok so it will have to set new hearing then ok thank you I will keep your number and join this site to as I do a lot of real estate. You get a five
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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.

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