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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
We are a 43 unit senior condominium in NE. We have two units that have the possibility of the state getting them. It hasn't happened yet to my knowledge just a possiblity.

If the state does get a unit, do we then bill the state for the Association fees. Has anyonee in any state had experience in dealing with the state as owner???

I do understand that I can not use any response as legal advice. Our lawyer is busy working on a case for us at this time and we want him to spend his time on the one case.

Responses from this site have been extremely helpful in the past.
Thanks for your input.
FredS7 (Arizona)
Posts: 927
Posted:
How would the state "get" the units? Purchase, donation, eminent domain?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I do not know how the state would get these? Are you talking probate court situation? The court will decide what to do. Which will take 6 months if there any heirs. Those heirs would be responsible for those dues.

Most likely the property will return back to the bank. The bank would then foreclose. The bank may or may not pay any of the dues. You need to make sure to have had a lien on this property regardless. A lien will not guarantee you any money but it will be a way to notify the purchaser a HOA exists.

Worst case the house may become a HUD foreclosure for unpaid taxes. This is the Federal level. It is how you hear on tv all those people making money on real estate sales. This is how that happens.

Just make sure there is a lien in place and be prepared to just wrap this up as a stop the bleeding and hope for new tenants to start paying.

Former HOA President
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
One owner has told us that the nursing home is trying to get his unit. There is no mortgage on it. His mother was in multiple nursing homes before she passed. WHen we called to ask that his proxy be returned for the annual meeting, he told us that he was not doing anything regarding his unit. We have placed a lien on this unit

The dues are current on the other unit, but I don't want to post details on this site as there is a pending court case.
MoM1 (Massachusetts)
Posts: 56
Posted:
Are you sure the state is trying to aquire ownership of this unit, or has the state placed a lien on the estate of the deceased unit owner in an attempt to recoup medicaid monies spent on nursing home care?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By MoM1 on 03/23/2013 5:43 PM
Are you sure the state is trying to aquire ownership of this unit, or has the state placed a lien on the estate of the deceased unit owner in an attempt to recoup medicaid monies spent on nursing home care?

I am not certain what happened other than the owner said the nursing home is trying to take it. Checking at the court house would probably be a good idea. I have some other items I would like to check on also.

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