Legal Question in Real Estate Law in California

Foreclosure of lien

I'm counseling a family, and the problem is that they have not paid their Homeowners Association dues in quite a while. She was recently served with an intent to foreclose on the lien. She made payment arrangements with the attorney, and has delivered the payments on time. Does this mean the Association can take her home?


Asked on 6/26/04, 1:19 pm

3 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Foreclosure of lien

If she is paid up, no. If she has not paid, they can foreclose.

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Answered on 6/29/04, 10:17 am
Michael Olden Law Offices of Michael A. Olden

Re: Foreclosure of lien

Your question is somewhat confusing. It depends on what the agreement between the person you're counseling and the homeowners association says. More likely than not taken foreclose on the lien as long as the payment arrangements are not met. As long as the payment arrangement are met, timely and continuous there may be a prohibition on their foreclosing on the lien. The bottom line is that your friend is not out of the woods until all of the payments, both back to payments as well as currently do payments are timely made in complete. Homeowners associations abilities are statutory nature and must be complied with a timely manner. Please advise your friends to make sure they are timely in their payments and payment arrangements made.

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Answered on 6/26/04, 2:02 pm
Larry Rothman Larry Rothman & Associates

Re: Foreclosure of lien

An Association can foreclose against an assessment lien for non payment of dues and and assessments. We would be happy to review all documentation they have received in order to confirm that the Association acted properly and their home will not be foreclosed if payments are made. If they fax me the documents they have received included all letters to 714 363 0229 and provide their phone number, I will call them.

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Answered on 6/26/04, 2:17 pm


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