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ScottK1 (South Carolina)
Posts: 32
Posted:
I have a question about how does a HOA know when a home sells and a new owner needs to needs to be added to the HOA to be responsible for the dues. We have 97 homes spread out on several streets. We have had one home that was foreclosed on and the bank is listed first and the new homeowner (which moved in months ago) is second on the tax role.The management company told me that they didn't know the house had a new owner.
I think I have convinced to board to get rid of the management company, but how will the HOA find out there is a new owner on homes that have sold.
We have another home that the owner just walked off and left it, and in a mess. Is the mortgage company responsible to pay the dues or do we just file a lien. Since the owner is no where to be found how do we serve 30 day notice that we are filing a lien. We are in South Carolina if it matters.
I want to thank everyone here for helping out in my last posts. I was ready to step down a few weeks ago but now the other board members are starting to listen to me and see the light at the end of the tunnel. They have run the HOA into a hole and I am trying to dig it out by my self. But now I think the President is seeing what I see.
Thanks Scott
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ScottK1 on 09/06/2012 3:47 PM
I have a question about how does a HOA know when a home sells and a new owner needs to needs to be added to the HOA to be responsible for the dues.

VA law requires a disclosure package be created. The request for one alerts us that a house is selling.

Most lenders are now asking for Planned Community Development (PUD) statements from the Association. When one is requested, we inform the bank that when the property closes we would like a copy of the HUD form to identify if any assessments are paid through closing. We get about 80% of those.

Sometimes just getting a check for the assessments with a new name on it alerts us.

Sometimes we need to check county records.

Quote:
Posted By ScottK1 on 09/06/2012 3:47 PM

We have another home that the owner just walked off and left it, and in a mess. Is the mortgage company responsible to pay the dues or do we just file a lien. Since the owner is no where to be found how do we serve 30 day notice that we are filing a lien.

The responsibility of paying assessments is that of the owner/member.

Once a home is foreclosed, the mortgage company becomes the owner and is responsible for assessments from that point forward. They are not responsible for assessments prior to the foreclosure being finalized and they take possession.

The Association only needs to send the lien notice to the last address on file. Your attorney can assist you with that.

If a forwarding address was provided to the Post Office, the Post Office could be helpful. Some companies provide background information for a fee (which may have a new address).

Quote:
Posted By ScottK1 on 09/06/2012 3:47 PM

now I think the President is seeing what I see.

It's always good when you have help.
Sometimes, you need to educate the other board members prior to educating the membership.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
but how will the HOA find out there is a new owner on homes that have sold.

Old owner stops paying. 1st clue there is a possible new owner.

Is the mortgage company responsible to pay the dues or do we just file a lien.


Yes, the mortgage company is responsible for the dues, but typically, they wont pay you a dime. No reason to spend money to file a lien on a foreclosure, you will never see a dime. Typically in foreclosures, more is owed to the 1st lien holder, the mortgage than the property is worth. So if $100,000 is owed to the bank, and its sold for $75,000 any other lien gets nothing. Zero.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By ScottK1 on 09/06/2012 3:47 PM
I have a question about how does a HOA know when a home sells and a new owner needs to needs to be added to the HOA to be responsible for the dues.

The seller/old owner and the buyer/new owner have the burden of making the sale known to the HOA. The recorded CC&R's are the buyer's notice that there is an association.

In Arizona, HOA's are required by law to record a notice stating who the buyer should contact. You do not need to wait for your legislature to enact a law to do the same. Record a notice that gives the name, address, telephone number, and email address of the person to be contacted. Just remember to file a new notice whenever that contact information changes.

In addition, if your association is incorporated the buyer should be able to obtain the name and address of the statutory agent from the state.

If you have a newsletter it should be distributed to every home. Your newsletter should contain contact information for your HOA.

Quote:
Posted By ScottK1 on 09/06/2012 3:47 PM
We have another home that the owner just walked off and left it, and in a mess. Is the mortgage company responsible to pay the dues or do we just file a lien. Since the owner is no where to be found how do we serve 30 day notice that we are filing a lien. We are in South Carolina if it matters.

The short answer is you are screwed. In most states you cannot sue someone for money if you cannot locate him. There is little point in even starting down the lawsuit road unless you can locate the former owner and you have some reason to believe that he has the assets to pay off a judgment. Otherwise, you are just wasting your hard cash on lawyers and filing fees with zero chance of recovery. (I know this one from experience.)

In some states a mortgage lender can be compelled to pay at least some portion of unpaid assessments. You will need legal advice on this issue, but it appears that in most states you cannot collect assessments from the lender until he takes title to the property. The lender is not likely to be in a big hurry to take title, so you are not likely to be able to recover the unpaid assessements.
ScottK1 (South Carolina)
Posts: 32
Posted:
Thanks for the info, the problem is that our HOA dues is paid once a year in January.
Scott
MikeS1
Posts: 521
Posted:
Great answer from Tim as usual. I think that I've mentioned this before, but the bank is responsible for assessments from the date of the foreclosure and NOT the date that they recorded the deed. We finding that sometimes the bank will foreclose, but will hold off on recording the deed and then they will try to say that they only owe from the recordation date. I've been following the foreclosures in our community and there are some good sites that help with this in VA. Not sure about SC.

Also, the PM or your collections attorney can file a warrant in dept against the prior owner and unless they have gone underground or overseas, they are generally easy to find on the internet. We have several where we have garnished their wages so we are recovering some of the arrearages.

I know that some HOAs are using collection agencies to track down the old owners, but you have to be careful there. Usually a good HOA attorney will help you with collections and the cost is passed on to the debtor.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A few tips...There is one thing in life for sure...Death and Taxes...You can find out who owns the property within about 6 months of it exchanging hands through the tax assessor's office. Just need to know the lot # to the property. They should be able to tell you the last name on record. You can get the lot # through the courthouse.

Another thing...It is irrelevant on what name is on the house in the long run. The HOA serves the property. That means that the HOA sends it's notification to the lot # / address in the HOA. If there is no name, then just address it with the addressee at so and so address. The communication goes to that direct property. Having the name can be kind of a courtesy at some points. There's no real standard of anyone reporting to the HOA when and if the property has exchanged hands. Possibly the former owner who sells the property may inform the HOA so they stop getting notices. I used to watch for sale signs get taken down and take note of the real estate company who had the property. They can atleast tell you when the property sold then you can go to Zillow.com for pricing information and such. That way you can confirm it's sold but maybe not names.

There is also the issue that many times when filing a lien or foreclosure, the name or lot # is ran in the local newspaper. It is considered PUBLIC NOTICE when it is ran in the newspaper with the notification of lien/foreclosure. Each state varies on this but my state does print this information. It is in the legals section of the classifieds which isn't always printed out daily. I've found several homes this way.

Some suggestions here on how to do some of the legwork. People always assume the HOA would know who owns the homes. It is NOT always true. You do have to do some research to confirm. It's really can be no ones specific responsibility to do so in the reporting. Which can be very frustrating when you start looking....Good luck!

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
If there is no name, then just address it with the addressee at so and so address.


Its actually better to put "current resident" as the name on the letter and sent it to the unit. The last owner could be having their mail forwarded for 1 or more years, and then just throw it away when they receive it.
RogerB (Colorado)
Posts: 5,067
Posted:
In Colorado this is how our management company keeps track of the current owners. We receive a request for a status letter from the title company when there is a transfer of title for a planned sale. When there is a foreclosure with no title transfer (sale), we receive a legal notice of the upcoming foreclosure because we have previously filed a lien against the property. When necessary we can also check the county records on line for ownership of the property.

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