Legal Question in Real Estate Law in California

In the state of California, after your property has been foreclosed, can the association come after the homeowner to collect on past due association dues? Can a judgement be granted? A collection company called me today and called my employer. Please let me know.


Asked on 10/28/11, 8:53 am

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

Yes.

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Answered on 10/28/11, 8:59 am

Sure they can. You don't get to avoid paying the guy who cleaned your carpets just because you got foreclosed, do you? HOA dues are for services rendered to the homeowners. You owe that just like any other debt and they have all the same debt collection options as any creditor.

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Answered on 10/28/11, 9:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes; HOA dues are a separate obligation from the mortgage and there is no protection under the anti-deficiency laws against a collection effort after you no longer own the property.

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Answered on 10/28/11, 9:28 am
George Shers Law Offices of Georges H. Shers

I agree they could go after the debt, but I wonder if the HOA fees are made under the homeowners CC&R's a first lien against the unit, whether that might effect the ability to collect once the security has been foreclosed on? I do not think they had the right to call your employer before any judgment had been granted as that seems to be improperly placing pressure on you to settle.

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Answered on 10/28/11, 1:09 pm


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