Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

HOA has started foreclosure action on son's home due to past…

HOA has started foreclosure...

HOA has started foreclosure action on son's home due to past due association fees. His mortgage is current. He has offered to make HOA whole plus pay 6 months in advance. They refused his offer. Since they started foreclosure proceedings does it make sense to continue to pay the mortgage or should stop paying the mortgage company?

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

This is in Iowa and I'm not sure what paperwork has been filed.

Lawyer's Assistant: Has anything been filed or reported?

I believe the HOA has filed.

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

Son filed bankruptcy 4 years ago, but kept the home out of that.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
3/7/2018
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,442
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Ask Your Own Real Estate Law Question

It makes sense to continue to pay the mortgage because the lender has a security interest in the property. If the HOA foreclosure is dismissed or settled, then not paying the mortgage could make matter worse. Not paying the mortgage would result in interest, fees and costs added on to the mortgage amount. This would increase the amount outstanding.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,442
Experience: Attorney. Well versed, understanding, friendly
Verified
DamienJD and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Thanks for the info.

You are welcome.

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 DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,442
5,442 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD 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
In Florida, if an HOA forecloses (no mortgage, owned free
In Florida, if an HOA forecloses (no mortgage, owned free and clear), if the auction sale prices does not cover the past due fees, interest, etc is the fee slate wiped clean and starts fresh or do the… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
How do i respond to a lis pendens regarding HOA delinquency.
how do i respond to a lis pendens regarding HOA delinquency … read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
MY HOA DUES ARE STILL PAST DUE. I filed 3/31/2015 which
MY HOA DUES ARE STILL PAST DUE. I filed for bankruptcy 3/31/2015 which stopped my foreclosure and I have been fully discharged as of July. My mortgage lender has now approved me for a home loan modifi… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My husband and I owner financed a condo to a young lady and
My husband and I owner financed a condo to a young lady and her mother signed a guarantee. I collected mortgage payments (principal, interest and taxes) for almost 3 years as she qualified for the 1st… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I purchased a town home in 2005 as a starter home. We made
I purchased a town home in 2005 as a starter home. We made all mortgage and HOA payments on time. We wanted to move in 2009 and found we were underwater by 30 grand. We waited a year and then were und… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Ok I hope I can get this right. My husband filed chapter 7
Ok I hope I can get this right. My husband filed chapter 7 bankrupty in 2009. That eliminated alot of bills like the mortgage and the Home Owners Association Dues. They tried to come after me, but I h… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
what is the exposure for someone being sued for past due homeowners
what is the exposure for someone being sued for past due homeowners association dues when the person filed for bankruptcy in 2007, it was discharged in 2008, and the individual was served with notice … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I received a notice of foreclosure from my HOAs attorney today.
I received a notice of foreclosure from my HOA's attorney today. I am currently $3800 behind in my association fees. Do I have any recourse to pay these past due fees to stop the foreclosure process f… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
I live in a condo that I own (as long as I pay the mortgage,
I live in a condo that I own (as long as I pay the mortgage, of course0, and I just got home and found a notice on my door that says, 15 day notice for unlawful detainer. I don't know what this means.… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Good evening,My ex-husband and I purchased a home in Maryland
Good evening, My ex-husband and I purchased a home in Maryland in 2001. In 2008, we divorced. As part of the divorce decree, I agreed to give him the house and he was responsible for refinancing the h… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
I plan to file bankruptcy in a few weeks. My condo was scheduled
I plan to file bankruptcy in a few weeks. My condo was scheduled for the auction on May 5, but it was not sold.I owe some HOA fees.I was told , that I'll owe HOA fees until the house is sold on the au… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Condo association foreclosed on me due to past dues owed (15k) Default judgement was issue
Condo association foreclosed on me due to past dues owed (15k) Default judgement was issued. Question: Will the association "own" the condo after sale date? If they then they rent it out to recover th… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Question regarding foreclosure: Scenario: I filed bankruptcy
Question regarding foreclosure: Scenario: I filed bankruptcy and intended to reaffirm my mortgage debt, but did not complete the paperwork prior to discharge. After discharge, when I inquired with the… read more
socrateaser
socrateaser
1,031 satisfied customers
I am current on my mortgage, my home has been on the market
I am current on my mortgage, my home has been on the market for 3 months and no offers, mostly because of the HOA fees. Fees that I am in lieu of 5000 dollars, which I have not afforded to pay. What i… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I bought a foreclosure property in Jacksonville, Florida (Duval
I bought a foreclosure property in Jacksonville, Florida (Duval County) through the Duval County Foreclosure auction, I got a past due notice from the HOA, which include fees owed by the previous owne… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Hello Ms. Fortunato, I have asked you some questions in the
Hello Ms. Fortunato, I have asked you some questions in the past and was very satisfied with the information you gave me so I hope you can help me again with a couple of concerns. I filed for Ch 7 bk … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
If a Home Owners Association (State of Florida) forecloses
If a Home Owners Association (State of Florida) forecloses on a property for non-payment of dues, I am assuming that the Association would then be responsible for any mortgages/liens against the prope… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
My Condo Association is schedule for foreclosure sale on March
My Condo Association is schedule for foreclosure sale on March 3, 2010. My mortgage is current and up to date and my property has equity in it as I have had the property for the past 15 years. I purch… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 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