Legal Question in Real Estate Law in California

What are my rights/ advice for a prior California condo owner who was forced into foreclosure and the HOA is still trying to collect the debt that I owed from 2 years ago.


Asked on 1/15/14, 9:08 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Your 'rights' are to try to defend the lawsuit they will file, with whatever defenses you may have.

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Answered on 1/16/14, 12:15 pm

Mr. Nelson is correct, and I would add that it is very unlikely you have any defenses. The debt to the HOA for dues doesn't just go away because your bank forecloses, anymore than a plumber's bill for work on the house while you lived there goes away when the bank forecloses. So unless they failed to account for payments, or there was something illegal in setting the dues, or something like that, you owe the money. In which case your rights are to pay the debt or file for bankruptcy if you qualify.

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Answered on 1/16/14, 12:36 pm


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