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The HOA sold my property in 2012 for 5,200 USD without

The HOA sold my...

The HOA sold my property in 2012 for 5,200 USD without notifying me. My name is ***** ***** to the loan. I found it recently that the HOA and the buyer are in the same address, I guess they were waiting for a little chance to buy properties. I never had a lien recorded, nothing. I want to recover this property.

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

I called the bank a few times to try to get out of the loan but since my name is ***** ***** in title i couldn't do anything.

Lawyer's Assistant: Where is the property located?

Las vegas nv

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

I want to know if there is a chance to recover this property

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Customer reply replied 2 months ago
the house is under my business partner name. We were four partners and this particular property was purchased under her name.
Answered in 24 minutes by:
5/30/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,990
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Please give me a moment to read your attached document.

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The Association needed provide notice of any delinquency as well as a foreclosure. Unfortunately the foreclosure does not relieve the borrower from the mortgage debt. I am always amazed that anyone purchases HOA foreclosures with all of the issues on clearing title.

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Customer reply replied 2 months ago
exactly
Customer reply replied 2 months ago
Is there we can do to recover the property if they can't prove we received any notifications?

I am going to provide the law that governs. We will also discuss the options.

"Nevada HOA Laws

Chapters 116 and 116A of the Nevada Revised Statutes govern common-interest communities in Nevada.

How HOA Liens Work

In most cases, once you fall behind in payments, the HOA can obtain a lien on your property. Almost all HOAs have the power to place a lien on the property if the homeowner becomes delinquent in paying the monthly dues and/or any special assessments (collectively referred to as “assessments”). Once a homeowner becomes delinquent on the assessments, a lien will usually automatically attach to that homeowner's property.

In Nevada, the recording of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) constitutes record notice and perfection of the lien. This means the HOA does not have to record the lien in the county records in order for it to be valid (Nev. Rev. Stat. §(###) ###-####5)). (In some states, the association must record the lien.)

Charges the HOA May Include in the Lien

Nevada law limits the types of charges that the HOA may include in the assessments lien (Nev. Rev. Stat. §(###) ###-####1)). Unless the CC&Rs provide otherwise, the HOA can include charges for:

  • Assessments. Of course, the HOA can include amounts for unpaid assessments in the lien.
  • Construction penalties. The HOA may also include any penalties for failing to adhere to a schedule to construct or improve a unit.
  • Late charges. Fees for the late payment of assessments may be included in the assessments lien as well.
  • Penalties and Fines. The association may also include penalties and fines in the lien.
  • Interest. The HOA may also include interest.

HOA Lien Priority in Nevada

An association’s lien is prior to all other liens, except for:

HOA Super Liens

Under certain circumstances, an association lien for delinquent assessments may have priority over a lender’s first mortgage or deed of trust. This is called a “super lien.” In Nevada, nine months worth of delinquent assessments are given super lien status (Nev. Rev. Stat. §(###) ###-####. (Learn more in Nolo’s article Homeowners’ Association Super Liens.)

Most super lien laws require an HOA to give notice to a first mortgage lienholder before foreclosing. But before 2015, HOAs in Nevada were not required to notify first-mortgage lenders of a foreclosure unless the lender requested notification. In 2016, the Ninth Circuit Court Appeals ruled that this older version of Nevada’s super-lien statute is unconstitutional. (Currently, under an amended version of the statute, Nevada HOAs need to provide notice to junior lienholders in a foreclosure.) The Nevada Supreme Court, though, upheld the constitutionality of Nevada’s pre-2015 super lien statute, while failing to address the statute’s notice requirements. Prior to the Nevada Supreme Court ruling, Nevada federal district court judges had begun invalidating HOA foreclosures conducted under the pre-2015 statute. The Nevada Supreme Court is not bound by the Ninth Circuit and therefore its ruling will stand unless reversed by the United States Supreme Court. Federal district courts, however, are bound by the Ninth Circuit and will likely to continue to invalidate HOA foreclosures. This conflict will most likely lead to forum shopping regarding cases involving HOA foreclosures conducted while the pre-2015 law was in effect.

HOA Foreclosures in Nevada

If you default in paying the assessments, the HOA can foreclose. 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 Nevada, the HOA may hold a foreclose sale after sending the homeowner a notice of delinquent assessments, recording a notice of default and election to sell, and providing notice of the foreclosure sale to the owner.

Notice of Delinquent Assessments

Before starting the foreclosure, the HOA must mail a notice of delinquent assessment to the homeowner, which states:

  • the amount of the assessments and other sums that are due
  • a description of the unit against which the lien is imposed, and
  • the name of the record owner of the unit (Nev. Rev. Stat. § 116.31162).

Notice of Default

Not less than 30 days after mailing the notice of delinquent assessment, the association may then record a notice of default and election to sell (NOD) with the county recorder. (The NOD must contain the same information as the notice of delinquent assessment along with a warning that if you do not pay the delinquent amount you could lose your home.) The HOA must also mail a copy of the NOD to the homeowner (Nev. Rev. Stat. § 116.31162).

Foreclosure Sale

If the owner does not pay the amount of the lien, including costs, fees, and expenses within 90 days following the recording of the NOD, the home will be sold at a foreclosure sale. The HOA must provide notice of the date and time of the sale to the owner (Nev. Rev. Stat. § 116.31162). (Learn more about foreclosure laws and procedures in Nevada.)

Foreclosure Limitation: No Foreclosure for Penalties and Fees Only

Fines and penalties, in contrast to assessments, are the charges that an HOA imposes if you violate the CC&R's or other governing documents. For example, letting your lawn become overgrown, leaving trash cans outside, and parking in forbidden areas can result in fines and associated fees.

In Nevada, the association may not foreclose a lien based on a fine or penalty unless:

  • the violation poses an imminent threat of causing a substantial adverse effect on the health, safety, or welfare of the units’ owners or residents of the community, or
  • the penalty was imposed for failure to comply with a construction schedule (Nev. Rev. Stat. § 116.31162(5)).

Redemption Period

A redemption period is a specific time period given to homeowners following a foreclosure during which they can buy back, or “redeem,” their property from the entity or person that purchased it at the foreclosure sale. (Learn more about redemption periods.)

In Nevada, the homeowner can redeem the property within 60 calendar days following an HOA foreclosure sale...” https://www.nolo.com/legal-encyclopedia/nevada-hoa-foreclosures.html

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If no notice is provided this would be a wrongful foreclosure/fraud. You could have an action to set aside the foreclosure if the cannot prove that they provided the property notice.

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I would ask the lender if they received notice as well. If the lender did not receive notice that is a problem for the HOA. New Case law has caused this to be a major issue for HOA's http://www.tysonmendes.com/nevada-supreme-court-raises-new-issues-hoa-foreclosure-litigation/

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I can provide a link for local Attorneys that provide FREE consultations in the area of the property if that would be helpful?

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Customer reply replied 2 months ago
that will be amazing
pls

Please give me a few moments. Thank you for your patience.

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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,990
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
thank you very much, I will go to them immediately.

This is the link for the State Bar Association Lawyer Referral Service https://www.nvbar.org/lawyerreferral/lawyer-referral-information-service/

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Thank you.

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