Filing a Lien When Bank Owned

Started by KevinF1 • 5 replies • 1916 views

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KevinF1 (Georgia)
Posts: 7

Posted:

We have an owner that owed over $1,000 to the HOA before the bank took over his unit. Now the bank is listed as the owner in the county property records, and they have not offered the property for sale. Can we still file a lien? Do we file the lien against the bank or the past owner?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By KevinF1 on 03/07/2012 6:34 AM
We have an owner that owed over $1,000 to the HOA before the bank took over his unit. Now the bank is listed as the owner in the county property records, and they have not offered the property for sale. Can we still file a lien? Do we file the lien against the bank or the past owner?

- Lien the current owner, the bank, for the tine they owned the property till today.
- Sue the former owner in small claims court for past dues.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It sounds like the bank has already foreclosed on the property and took ownership. It may be too late to collect on the previous owner at this point. It should have been filed prior to the bank taking over. Plus then the bank gets paid first and the HOA may never have seen that money. The HOA can now contact the bank and let them know they owe HOA dues and what they are. The bank may pay those once they sale that property. They aren't into making the monthly or other timely payments like other owners. A lien may need to be filed against the bank if they continue to recognize the dues.

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

Kevin:

foreclosures are hard, if your state statutues allow go after the previous owner in small claims court for the dues that they failed to pay up until the date of foreclosure or send a collection agency after them. More than likely you are out of luck.

the bank is responsible from the date of ownership or foreclosure. Treat them like every other homeowner with invoices and follow-up. Some banks are better than others at paying dues and since HOA's are a lot more prevelant these days they all know they have to.

FredB4 (Ohio)
Posts: 375

Posted:

Many banks don't pay the HOA fees owed until they sell the property.Then they will pay the fee and any delinquent fees that come with non-payment.As stated previously they owe only from the time they took legal ownership of the property.

We have a problem with banks foreclosing on a property, locking it up and not changing the title over to their name until just before they sell it. I thought this was something that happened everwhere. Does this vary from state to state or are we missing something ?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Fred:

Curious ... Are they trying to state that because they did not change immediately to their name they do not owe the HOA fees for that time period?

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