Legal Question in Real Estate Law in California

If a home has two mortgages that total more than twice the value of the home and mortgage payments are current, can a PUD Association force foreclosure when they've filed a lean on the property for outstanding balance of fees?


Asked on 10/05/11, 3:04 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

PUD can enforce a lien and foreclose, regardless of your mortgages. With an underwater property, it wouldn't do them any good, so they'll just sue you instead.

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Answered on 10/05/11, 4:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Nelson is right, assuming, as is likely, that the PUD lien is junior to the liens of the mortgages. However, you mention "force foreclosure." The PUD will of course be foreclosing its own lien, if any at all. It will not be "forcing" the mortgage guys to do anything.

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Answered on 10/05/11, 5:15 pm


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