💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

GnomeX (Washington)
Posts: 253
Posted:
This one is top of the list for our foreclosures due to a county property tax foreclosure this coming November. Either the county forecloses or we pay the taxes and then we foreclose.

Owner is legitimately disabled due to an accident. Home is owned free and clear, no mortgage. No liens except our HOA and the county. Local aid agencies are already paying his water and electricity.

There has got to be someplace to turn. I seriously don't want to put this guy on the streets over this.

Any ideas?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
If you know the Tax Man is coming and you're SURE of his situation, then drag your feet in foreclosing the HOA lien. That's about the best you can do. The HOA will only lose legal fees by foreclosing and then have the Tax Man foreclose your deed.

For charity, reach out to the Salvation Army and/or the Methodist Church if you feel compelled to do so.

GnomeX (Washington)
Posts: 253
Posted:
Quote:
Posted By KellyM3 on 09/07/2013 6:57 PM
If you know the Tax Man is coming and you're SURE of his situation, then drag your feet in foreclosing the HOA lien. That's about the best you can do. The HOA will only lose legal fees by foreclosing and then have the Tax Man foreclose your deed.

For charity, reach out to the Salvation Army and/or the Methodist Church if you feel compelled to do so.


The county said it will allow any current lien holder to pay the outstanding taxes to stop the tax foreclosure.

The thought of the Board was to have the HOA file a lien then pay the outstanding property taxes to stop the county tax foreclosure. Then have the HOA foreclose its lien.

My thought as a 2nd option was to place a lien but let the county foreclose. Then at the public auction HOPE the sale price is bid up high enough to cover the outstanding dues owed. My guess is this might work. No other liens on the property and no mortgage. It is owned free and clear. Property taxes are $4,700 and that is what the county starts the bidding at. Dues owed are $1,000. The house is valued at around $55,000. So there is a pretty good chance it will be bid up high enough.

But this was all before we knew about his disability.

The owner is legitimately disabled due to an auto accident. I did confirm this. He is living off of aid from local churches and other local aid agencies. He is attempting to get on SSI disability but it is still pending. Put they are only covering his utilities and he hasn't been able to get any assistance with the property taxes.

I am just wondering if there are other agencies outside our locale that might be willing to pick something up like property tax relief?
MatthewW4 (Arizona)
Posts: 500
Posted:
Gnome,

It may be time for some tough love with this owner. What are his chances of recovering from his disabilities in the near future? Like before the end of the year?

The sad truth is that this owner no longer has the income to sustain his former lifestyle. Even with no house payment this owner has no funds to pay taxes, HOA assessments, water, or power. This guy needs to sell his home and use the equity to live on. If this home goes into foreclosure either through taxes or assessments, he is likely to loose all of his equity.

I hate to sound like a hard-ass but this owner has some failed to face the reality of his situation. He has 100% equity in his home yet he is willing to throw that all away rather than put the house up for sale. Just what does he plan to do about a place to live if the tax man sells his home next month? This guy does not need someone to pay his taxes, he needs a guardian to manage his affairs.
SheliaH (Indiana)
Posts: 6,964
Posted:
I would think the county lien trumps the HOA lien anyway, so you may not have to do anything. In our state, tax liens are sold at auction and the homeowner has a year to pay the buyer and keep the house, so that's one way for him to buy a little time.

It may be his finances may not be enough to keep him in the house - see if there's a consumer credit counseling agency in your area that can assist him with setting up a budget to pay down medical bills and perhaps credit cards to free up cash to take care of the HOA dues. He should stick with the non-profit agencies (your local United Way may be able to give you some referrals)

We've had this happen in our community (sadly, the homeowner lost the home because she just didn't have the income to pay all the bills). Unfortunately, I think this may the sign of things to come - the bad economy ripped apart everyone's savings and our nation is getting older - if all you have is Social security or disability, even owning the home free and clear won't help because you still have property taxes, insurance, assessments and other housing costs to deal with

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GnomeX (Washington)
Posts: 253
Posted:


Actually everyone I take it all back. This guy definitely has it coming.

My wife just got home from work. She just informed me that 2 years ago when she was Treasurer she offered this man a monthly payment plan for him to take to to his case worker at dept of human services and he never pursued it and never got back with her.

He has ignored all statements since that time and even our certified letters this summer. I thought it best to just try and track him down and talk with him in person and had no idea my wife tried to work with him 2 years ago.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By GnomeX on 09/07/2013 9:56 PM

Actually everyone I take it all back. This guy definitely has it coming.

My wife just got home from work. She just informed me that 2 years ago when she was Treasurer she offered this man a monthly payment plan for him to take to to his case worker at dept of human services and he never pursued it and never got back with her.

He has ignored all statements since that time and even our certified letters this summer. I thought it best to just try and track him down and talk with him in person and had no idea my wife tried to work with him 2 years ago.

And sadly, that's also a reality for many delinquent owners. They get letters, but say nothing until a nastygram from the Association attorney or a summons to go to court. Even then, some won't go to court and explain themselves - it's as if they think the Board will back down because there are too many delinquencies already and theirs will slip past, but a good board doesn't work that way.

I'm treasurer of my association and I take no pleasure in recommending to our board that we foreclose on anyone and it's when we get to that point that we usually find out about someone relying only on social security or something else. However, our association's budget is based on what it costs to run it and fund reserves and one thing I learned quickly about homeownership is that it isn't cheap and prices do go up. You have to make sure your budget can cover these expenses and if it can't then you may have a heavy decision to make.

In the meantime, we've told our homeowners about payment plans and listed resources for homeowners facing foreclosure a number of times in the newsletter, but it seems no one pays attention. It really isn't our job to guess why someone's not paying - unless and until I'm told otherwise, I have to treat them the same way any other creditor deals with people who don't pay

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If you don't have the heart to kick him out, I wouldn't foreclose on him. After you foreclose on him and pay his taxes, he is your problem.

Personally? I'd call the state's elder abuse or social service hotline and explain the situation. They have people that will talk with him and help him work through these issues. If they need to, the state will take over his financial affairs and pay his taxes for him, his hoa dues, etc, with his own money.

This is obviously part of a bigger issue. Let the social workers deal with him, this is what they are paid for.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
she offered this man a monthly payment plan for him to take to to his case worker at dept of human services


It's likely he never told the case worker. I would call the dept of human services directly and let them know this guy is going to loose his paid for house for unpaid taxes immediately. And tell them the rest of the situation. He may not have been telling the case worker the truth. It happens.
TjJ (California)
Posts: 9
Posted:
It may be that the nature of his disability impaires his executive skills (planning, memory, temperment, etc.). I work with individuals with acquired brain injury (many sustained from auto accidents and never even documented). It is very rare for this population to have adequate supports to navigate financial & legal issues. In fact, released prisoners have better supports! I agree, get his written permission to contact the case worker with the information. This is unfortunately a common occurrence and SS/SSDI is woefully inadequate.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here