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Wanted to know if there was anyway to protect the HOA from…

Wanted to know if there...
Wanted to know if there was anyway to protect the HOA from this type of situation of an owner, because it happening in another HOA Community.1) The Unit was purchased for $400,000 and the market value dropped to about 300K, so the owner, 78 yrs. decided to stop paying his HOA and Mortgage, Yes, the banks foreclosing on the property, but the Mortgage is valued higher than what the unit could be sold for.Therefore, how would the HOA ever get the monthly fees even if there was a lien?Is there anyway that the the HOA could become the first lien holder?
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Answered in 1 hour by:
10/30/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,222
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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If the HOA tries to foreclose the first lien holder will pay the HOA and then proceed to foreclose on the property.The HOA by proceeding with foreclosure they can force payment ot the HOA.You can send demand letter to first lien holder that you will proceed to foreclose if lien holder does not pay up the HOA fees including legal fees, late fees, etc. This shoudl get you paid here if you copy the first lender with the delinquency letter.

I appreciate the chance to help you tonight.Thanks.

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In Pennsylvania, an HOA lien or COA lien has priority over all other liens and encumbrances, except for:

  • liens recorded before the association records it's declaration
  • first mortgages and deeds of trust recorded before the due date of the assessment
  • judgments for debts secured by first mortgages and deeds of trust, and
  • real estate tax liens and other governmental assessments (68 Pa. Cons. Stat. § 5315(b), § 3315(b)).
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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,222
Experience: Texas Attorney for 30 years dealing in real estate
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A common misconception is that the association cannot foreclose if you are current with your mortgage payments. However, the association’s right to foreclose has nothing to do with whether you are current on your mortgage payments. (Learn more about HOA liens and foreclosure.)

In Pennsylvania, an HOA or COA may foreclose its lien in the same way that a mortgage on real property is foreclosed (68 Pa. Cons. Stat. § 5315(a), § 3315(a)). This means the association will file a lawsuit to begin the foreclosure. (Learn more about general foreclosure laws and procedures in Pennsylvania.)

Statute of Limitations for HOA and COA Liens

An HOA or COA must initiate the foreclosure within three years after the assessments become payable otherwise the lien is extinguished (eliminated) (68 Pa. Cons. Stat. § 5315(e), § 3315(d)). This is called the statute of limitations.

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Customer reply replied 8 months ago
Extremely through with your answer, I really appreciate that!

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