Sheriff's Sale

Started by AnnH3 • 6 replies • 2387 views

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AnnH3 (Ohio)
Posts: 1

Posted:

We have a home that is going to sell under a Sheriff's sale in December. They are a year and a half behind in their HOA fees. We already have a lien on the property. Will we be able to get our money from them or are we out of luck?

Ann (Ohio)

MaryA1 (Arizona)
Posts: 388

Posted:

Ann,

It will depend upon how much the house sells for and the amount of the mortgage that is outstanding. As I'm sure you are aware, the mortgage comes before your HOA delinquency.

MaryA1 (Arizona)
Posts: 388

Posted:

Ann,

It will depend upon how much the house sells for and the amount of the mortgage that is outstanding. As I'm sure you are aware, the mortgage comes before your HOA delinquency.

FredB4 (Ohio)
Posts: 375

Posted:

We have had this happen twice in the last couple of years. It would be rare if you got money because as Mary said HOA fees are not on the top of the list and sales of that nature rarely bring in enough money.

SharonB6 (Pennsylvania)
Posts: 70

Posted:

We asked our lawyer about it foreclosures and getting our money back. We were thinking about putting a lien on people's houses but it ended not worth it for us. He said the most we are eligible is 6 months of dues and that will not include the cost of filing the liens. After the math it didn't make sense for us in a foreclosure situation anyway.

RogerB (Colorado)
Posts: 5,067

Posted:

Ann, It may depend on the laws in your state. In Colorado there is a Super Lien law which places the HOA at the top of the list for the past 6 months of assessments. We always file a lien in accordance with the HOA's Rules and Regulations on Delinquent Accounts.

MaryA1 (Arizona)
Posts: 388

Posted:

Ann,

FYI. . . note that "statutory" means it must be a state law. . .

SUPER LIEN Definition:
Statutory lien senior or superior to all current or future liens on the same asset or property.

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