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If there is a first mortgage on a property, can the HOA

Customer Question
If there is a...

If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

NC

Lawyer's Assistant: Has any paperwork been filed?

No

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

I expect that I will not pay the next set of dues as the matter of dues is now a matter of a lawsuit against bthe HOA

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 13 minutes by:
9/16/2017
Real Estate Lawyer: Roger, Lawyer replied 5 months ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,927
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

Yes, it is very possible for the HOA to have first lien against the property.....but you will have to look at the deed and the bylaws to see what it says. Often, a HOA will take a first lien for dues, and that lien takes precedent over all other liens, including the mortgage.

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