EVICTION

MillieS (California)
Posts: 3

Posted:

How does an HOA go about evicting a previous owner after acquiring ownership of the property for non-payment of delinquent HOA dues?
Is there a certain time period for the HOA to wait before initiating eviction?
Are there companies that specialize in these type of evictions?
How long does the process take from start to eviction?

Ours is a 45 unit townhome complex in Los Angeles County, CA. Five member board and a management company that handles only the financials. The board approves a lien, foreclosure, etc. and the management company initiates proceedings using a particular law firm to file the liens, foreclosures, etc.

The HOA acquired ownership of a unit within the past year. The previous owners were the original owner and have lived here 26 years and are still living in the unit. They owed thousands of dollars in delinquent dues then filed bankruptcy. Made some payments then stopped paying again. Board eventually foreclosed and acquired unit. When asked about the "status" of the unit, a board member claims they're not sure how to go about evicting, saying "it's not the same as evicting someone from an apartment".

We need to get them out so the unit can be sold! Our housing market here is still good for now; but with our present world situation and current fragile economy things could change quickly and we could have something worse than 2001 or 2008. This could result in huge losses for us in the sale of the property. And, the funds are much needed now for long overdue repairs/restoration projects. The complex has only been painted once in 26 years and that was over 10 years ago. Homeowners are currently paying a $500 special assessment for some much needed repairs which were suppose to be finished before summer but have not even been started.

Appreciate any advice regarding the eviction. Thanks.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Just wanted to verify - You now have a Sheriff's deed that transferred title from them to the HOA - and this Sheriff's deed has been recorded at the Register of Deeds -- Is this correct?

Sikubali jukumu. Read all posts at your own risk.

TimB4 (Tennessee)
Posts: 21,062

Posted:

I offer the following:

The Eviction Process From the CA department of Consumer Affairs

Los Angeles California Landlord Tenant Eviction Guide from an LA attorney web site (came up when searching the net)

What Is The Eviction Process After A Foreclosure Sale? from another attorney site

Foreclosure Article from the California Courts website

Keep in mind that there are specific legal notices and waiting periods. You may want to simply pay the money and have an attorney assist you.

TimB4 (Tennessee)
Posts: 21,062

Posted:

From the CA Courts website:

The unlawful detainer process

The court process of an unlawful detainer (eviction) usually takes about 30 days. The tenant has 5 days to file a response after being served with the landlord's lawsuit. Then, the court clerk will schedule a trial within 20 days of the landlord's request. The trial usually takes less than an hour (but it could take longer).

If the landlord wins, the tenant usually has about 5 days to move out. It depends on how fast the sheriff posts the property with the lock-out order. The lock-out order will allow the sheriff to lock the tenant out if the tenant does not leave the premises with his or her belongings within 5 days of the posting.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Millie,

Based on your two previous thread (and posts), you have been on the Board now for two years.

It's helpful to those on this site to receive feedback as well as have questions asked of us. This way, we know if what was provided was helpful or not (and everyone can learn from the experience).

Tim

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MillieS on 09/13/2015 2:06 AM

They owed thousands of dollars in delinquent dues then filed bankruptcy.

Not knowing if the bankruptcy was finalized and all debts discharged, or not, you may need to obtain permission from the bankruptcy court to evict.

See my previous link "What Is The Eviction Process After A Foreclosure Sale?"

On that site it states: "If the resident files bankruptcy, the owner needs to obtain bankruptcy court permission to complete the eviction."

PitA
Posts: 1,416

Posted:

Quote:

Posted By NpS on 09/13/2015 2:18 AM
Just wanted to verify - You now have a Sheriff's deed that transferred title from them to the HOA - and this Sheriff's deed has been recorded at the Register of Deeds -- Is this correct?

IF, repeat IF, there is a registered deed in the name of the HOA:

Treat the occupants as squatters or trespassers.

FredN (California)
Posts: 87

Posted:

Diamond v. Superior Court, 217 Cal. App. 4th 1172 (Cal. App. 6th Dist. 2013)

Hope you followed this case to a tee, or else everything you have done is invalid.......

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By FredN on 09/13/2015 8:58 AM
Diamond v. Superior Court, 217 Cal. App. 4th 1172 (Cal. App. 6th Dist. 2013)

Hope you followed this case to a tee, or else everything you have done is invalid.......

Diamond would not apply to this matter as the association apparently already has completed foreclosure and has a deed to the unit. Even if this association failed to meet all the requirements, it was up to the defendants to raise these issues in the trial court while this matter was pending. Since there was no mention of any pending litigation arising from the foreclosure I assume there is none and that the only remaining issue is evicting the former owners.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By MillieS on 09/13/2015 2:06 AM
How does an HOA go about evicting a previous owner after acquiring ownership of the property for non-payment of delinquent HOA dues?
Is there a certain time period for the HOA to wait before initiating eviction?
Are there companies that specialize in these type of evictions?
How long does the process take from start to eviction?

Ours is a 45 unit townhome complex in Los Angeles County, CA. Five member board and a management company that handles only the financials. The board approves a lien, foreclosure, etc. and the management company initiates proceedings using a particular law firm to file the liens, foreclosures, etc.

The HOA acquired ownership of a unit within the past year. The previous owners were the original owner and have lived here 26 years and are still living in the unit. They owed thousands of dollars in delinquent dues then filed bankruptcy. Made some payments then stopped paying again. Board eventually foreclosed and acquired unit. When asked about the "status" of the unit, a board member claims they're not sure how to go about evicting, saying "it's not the same as evicting someone from an apartment".

We need to get them out so the unit can be sold! Our housing market here is still good for now; but with our present world situation and current fragile economy things could change quickly and we could have something worse than 2001 or 2008. This could result in huge losses for us in the sale of the property. And, the funds are much needed now for long overdue repairs/restoration projects. The complex has only been painted once in 26 years and that was over 10 years ago. Homeowners are currently paying a $500 special assessment for some much needed repairs which were suppose to be finished before summer but have not even been started.

Appreciate any advice regarding the eviction. Thanks.

The attorney that foreclosed on the property should have had a process in which an eviction would take place after the Right of Redemption expires.

Also remember, the HOA now owes the association dues money for that unit as they are now the owners.

What is the HOA going to do with the property. If you sell, you still need to pay the mortgage off and any back dues, after possession. You have to have the right game to foreclosure on a property owner. It's not easy, but can be very successful, if done BEFORE the fact, not after.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mille

Please keep us informed when all is settled. Many of do not believe an HOA foreclosed on and HOA owned is a wise move though it could work if all the numbers are good. Two of our CCO's were wanting our HOA to foreclose on a unit and even when we showed them that economically it was not a good financial move, they still said go for it. Some never learn.

FredN (California)
Posts: 87

Posted:

Quote:

Posted By LarryB13 on 09/13/2015 9:58 AM

Posted By FredN on 09/13/2015 8:58 AM
Diamond v. Superior Court, 217 Cal. App. 4th 1172 (Cal. App. 6th Dist. 2013)

Hope you followed this case to a tee, or else everything you have done is invalid.......

Diamond would not apply to this matter as the association apparently already has completed foreclosure and has a deed to the unit. Even if this association failed to meet all the requirements, it was up to the defendants to raise these issues in the trial court while this matter was pending. Since there was no mention of any pending litigation arising from the foreclosure I assume there is none and that the only remaining issue is evicting the former owners.

If you do not follow the Law, it is illegal. Statute of Limitations., taking ones home through the art of deception, ect,ect

Who cares, just take the deadbeats home, screw the Law, payment plans, whatever......

RichardP13 (California)
Posts: 3,868

Posted:

FredN

I agree with you. If the Board is asking questions about an eviction process AFTER the fact, I truly wonder if the law was followed in the first place.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By RichardP13 on 09/13/2015 6:39 PM
FredN

I agree with you. If the Board is asking questions about an eviction process AFTER the fact, I truly wonder if the law was followed in the first place.

The problem with all this hand-wringing about whether the association followed the correct procedure for a foreclosure is that there is only one party who has the standing to raise the argument and a limited time frame in which he could have done so. It appears that either the defendant did not raise the issue at all or that he did and the court ruled against him. It also appears that the time in which the defendant could have raised any defenses has passed. It's a done deal and the court is not going to revisit the issue. It will not revisit the issue if the defendant raises a defense at this late date and it is a lead-pipe cinch that the court is not going to vacate its judgment based on anything any of us post on this forum.

The OP's question is about how to evict the former owner who still occupies the unit now owned by the association. Typical of this forum, others have turned it into a discussion about irrelevant matters.

FredN (California)
Posts: 87

Posted:

Civil Code section 5690. An association that fails to comply with the procedures set
forth in this article shall, prior to recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the association and not by the owner of a separate interest.

I just want to know if they followed the Law. Her question is invalid if they did not follow the Law and they should properly reverse.....

If not, what does the Law say????

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By LarryB13 on 09/13/2015 7:34 PM

Posted By RichardP13 on 09/13/2015 6:39 PM
FredN

I agree with you. If the Board is asking questions about an eviction process AFTER the fact, I truly wonder if the law was followed in the first place.

The problem with all this hand-wringing about whether the association followed the correct procedure for a foreclosure is that there is only one party who has the standing to raise the argument and a limited time frame in which he could have done so. It appears that either the defendant did not raise the issue at all or that he did and the court ruled against him. It also appears that the time in which the defendant could have raised any defenses has passed. It's a done deal and the court is not going to revisit the issue. It will not revisit the issue if the defendant raises a defense at this late date and it is a lead-pipe cinch that the court is not going to vacate its judgment based on anything any of us post on this forum.

The OP's question is about how to evict the former owner who still occupies the unit now owned by the association. Typical of this forum, others have turned it into a discussion about irrelevant matters.

You're right Larry, even though I have seen it reversed afterwards because the owners were never properly notified and the liens were not filed in the manner in which the law states.

My question and I am sure Fred's is was proper procedure followed, and why are they now asking how to evict. Makes me wonder.

It probably doesn't matter as the foreclosed party will probably never see this post.