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There is a house in our neighborhood that the bank received…

There is a house...

There is a house in our neighborhood that the bank received a default judgment against in 2016. Since that time the bank has not proceeded to sell the property. The property is falling into disrepair. The house has been abandoned since 2011. Is there any way to compel the bank to sell?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None. We do not know how to proceed at all.

Lawyer's Assistant: Where is the house located?

Bend Oregon.

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

Not that I can think of off hand.

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Answered in 2 hours by:
3/25/2018
Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16,909
Experience: Experienced Licensed Attorney / Real Estate Law Mentor
Verified

Hello. My name is Alex.

Thank you for your question.

I will be happy to provide you with information you are seeking for educational purposes only.

Do you have a legal question that I can answer for you about the situation you have described in your post?

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Customer reply replied 3 months ago
How can an HOA force the bank to either sell or auction off the house? The house has been abandoned for years and is an eye-sore in the community. It is a small HOA with limited funds.

Thank you for your follow up.

Did HOA assess fines against the property and also did HOA send demand notices to the bank to maintain the property?

Does HOA have a local attorney that can assist HOA to force the bank to either properly maintain the bank owned property or request the bank to sell the property?

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Customer reply replied 3 months ago
The HOA assessed fines against the property. As part of the banks summary judgment against the owner all other claims were dismissed in favor of the banks primary position in the suit. I'm not sure I am articulating that correctly.The HOA currently does not have a local attorney to assist us. Because it is a small community use of lawyers has been minimal and on an ad hoc basis.

Thank you for your follow up.

Generally, the HOA would be responsible for maintaining any common element that is part of the HOA, however, if the current bank owned house and the property on which it is located is not properly maintained by the bank, than such issue can be addressed by assessing additional new fines against the house and also by suing the bank to force it to either repair / maintain the house or to sell it to a third party that would maintain the house and the property and also a report of any violations can be reported to the local code inspector and the city / county can also assess fines against the current owner of the house (bank) and can force the bank to maintain / repair the property.

I wish you the best of luck!

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Customer reply replied 3 months ago
Thank you for your guidance.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16,909
Experience: Experienced Licensed Attorney / Real Estate Law Mentor
Verified
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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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