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DavisH (Georgia)
Posts: 7
Posted:
Greetings,

Reaching out for some assistance on this.

Per the State law, what information or documents are required when the property is taken over by management company via Deed in lue of Foreclosure?

We did not think they could request this information ?

Surely we do not provide covenant and account information to the general public (realtors, leasing agents, etc.) do we? What can we provide and what do they need to provide us?

Please weigh in with your experience.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Davis,

Welcome to the forum.

I do not have direct experience in this.
My understanding is that an entity (in this case a management company) now has deed to a property within your Association. This makes the MC a member of your Association and, as a member, is entitled to review all Association records outlined within your State statutes.

As a side comment, covenants (CC&Rs) are public record and available to anyone who desires to pull a copy from the court house or property office.

RichardP13 (California)
Posts: 3,868
Posted:
Find out who the owner is, and who is their agent. Be very cooperative, because, in the end, you want the property maintained and more importantly, the dues PAID.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Deed in Lieu involves a formal transfer of title from delinquent owner to whoever owned the debt.

The deed gets recorded. The Grantee of the deed is the new title holder. If they choose to use a management company as their agent, that's fine.

How do you treat them? Like any other owner. They have the same right to docs as any other owner. They have the same obligation to pay assessments as any other owner.


Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Davis

As others have said, they are an owner with all the rights of an owner. Typically a corporation owner must appoint one person as the voting owner.

DavisH (Georgia)
Posts: 7
Posted:
Thanks everyone!

we have had issues with investors and management in the past , trying to be careful .

So, what proof of documentation should we require to provide this information to them?

Is an e-missive enough or do they need to show us more?
FredS7 (Arizona)
Posts: 927
Posted:
> So, what proof of documentation should we require to provide this information to them?

What proof do you require of a new (real person) owner?

The covenants and the annual budget are not state secrets. What do you mean by "account information"?
DavisH (Georgia)
Posts: 7
Posted:
usually a deed is all that is required

these companies claim not to have access to owner deeds. they want to pay the balance, rehab the house and put renters in .

that's why I ask again , if not a deed -what else do we need?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By DavisH on 02/18/2016 6:37 AM
usually a deed is all that is required

these companies claim not to have access to owner deeds. they want to pay the balance, rehab the house and put renters in .

that's why I ask again , if not a deed -what else do we need?

All the management company needs to do is ask the investor for a copy of the deed. Even I have access to the deed.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Davis

I do not understand what the Association has to do with a deed and/or providing a copy. This is not a function of an association.
PitA
Posts: 1,416
Posted:
the deed is a public record

record as in recorded

@

the Register of Deeds of your county (at the county seat)
PitA
Posts: 1,416
Posted:
'google':

register of deeds {your county} georgia
DavisH (Georgia)
Posts: 7
Posted:
Thanks for all the help.

We share this account for our HOA. Let me jump in.

The question should have been rephrased.

We have a bank owned property, the bank( or mortgage company or someone else ... kind of unsure) has a management company or property manager that is wanting to view the account balance and violations and have CC&Rs for their records.(not necessarily willing to bring the account up to snuff, just view)

Normally, we ask the seller to provide , or they can (for a fee) obtain from us the last account and the documents(resale) . The management companies do not want to pay or provide any information.

Sadly, this seems to be a trend in our neighborhood. We do not have the time or capacity to go on line and research who owns what home.

Has anyone dealt with this ? What is a good policy to put in place for request for information? One gal sent us an email showing the relationship, but not all have done this.

I did not think CCandRs were online for free for GA. Is there a site I am unaware of?

Thanks !
DavisH (Georgia)
Posts: 7
Posted:
Thanks for all the help.

We share this account for our HOA. Let me jump in.

The question should have been rephrased.

We have a bank owned property, the bank( or mortgage company or someone else ... kind of unsure) has a management company or property manager that is wanting to view the account balance and violations and have CC&Rs for their records.(not necessarily willing to bring the account up to snuff, just view)

Normally, we ask the seller to provide , or they can (for a fee) obtain from us the last account and the documents(resale) . The management companies do not want to pay or provide any information.

Sadly, this seems to be a trend in our neighborhood. We do not have the time or capacity to go on line and research who owns what home.

Has anyone dealt with this ? What is a good policy to put in place for request for information? One gal sent us an email showing the relationship, but not all have done this.

I did not think CCandRs were online for free for GA. Is there a site I am unaware of?

Thanks !
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By DavisH on 02/18/2016 7:39 AM

I did not think CCandRs were online for free for GA. Is there a site I am unaware of?

The CCRs are attached to the deed and should be recorded with the county. Whether they are available on-line or only in person at some county office depends on your county. In either case they are generally considered public records and are available to anyone who asks.

Escaped former treasurer and director of a self managed association.
PitA
Posts: 1,416
Posted:
We do not have the time or capacity to go on line and research who owns what home.


Yet you have time and capacity to post on www blogs.



Make time, else, your member list will NOT be accurate.

Or, pay someone else to do the BOD's work.
RichardP13 (California)
Posts: 3,868
Posted:
David

It sounds like your scenario is different than first described. It appears someone is doing some research to see what liability they may be facing when trying to buy a foreclosed piece of property. All that I have dealt with have brought the account current from the date the property was foreclosed upon.

Here is a company doing their due diligence beforehand.

Obtaining title information from title company software is relatively easy and much information can be viewed. For instance, I viewed a video about a town in CT that alleged a number of homes were paid off on 12/25/09, three years before an incident was to occur there. Damn if it weren't true. I stopped researching after 100.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By DavisH on 02/18/2016 7:39 AM
We do not have the time or capacity to go on line and research who owns what home.

Huh. If you can't be bothered to keep tabs on who actually owns the properties in your association then perhaps you ought to resign.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By GenoS on 02/18/2016 11:39 AM
Posted By DavisH on 02/18/2016 7:39 AM
We do not have the time or capacity to go on line and research who owns what home.

Huh. If you can't be bothered to keep tabs on who actually owns the properties in your association then perhaps you ought to resign.

That is a little harsh.

In both the county where I reside and the one where my HOA property is located records are available online. I find that even with that convenience, trying to figure out who actually owns what parcel is not simple. We originally had about 1600 parcels. Many have been split into smaller parcels, so the number is even larger. Tracking deed records can take hours to verify who the legal owner is and that task is complicated by the fact that online images lag the actual recording by about 90 days.

We cheat somewhat by using the assessor's data. The assessor's job is to collect property taxes so we cannot rely on his records to be the final determinant as to who the legal owner is, but his records are close enough in most cases. Also, the assessor provides a mailing address which is important to us because 90% of our owners do not reside in our community.

The point is that keeping track of owners is not a simple job. I am not aware of any legal requirement that volunteer board members either perform this task or resign.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By DavisH on 02/18/2016 6:37 AM
usually a deed is all that is required

these companies claim not to have access to owner deeds. they want to pay the balance, rehab the house and put renters in .

that's why I ask again , if not a deed -what else do we need?

Hold out for a copy of their deed. If they are the legal owner then they have a deed. If the person making the request claims to be the owner's agent then ask for proof of that, too.
DavisH (Georgia)
Posts: 7
Posted:
Thanks everyone.

RichardP, you are the most accurate , as I understand it .

This has been helpful.

We do not have a very active HOA and our Homeowner precense is almost non existent. We would love to not self-manage, but simply cannot get everyone on-board.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By LarryB13 on 02/18/2016 12:28 PM
That is a little harsh.

It is, but isn't maintaining a list of owners one of the most basic things a boad should do? I did think, after I posted it, that if this site had an editing feature I might have been tempted to edit it. On the other hand a list of owners shouldn't be that difficult to maintain. I would certainly ask any of our directors here to resign if they didn't feel like that information was important enough to care about. It's not like it's the law or anything. Granted, it might not be the law in the OP's state, but if I was a homeowner in an HOA and the board was unaware of who all the owners were I'd be livid.
DavisH (Georgia)
Posts: 7
Posted:
Geno -

We keep track of everyone who resides in our HOA (and the offsite address and contact info for those who rent out)

The question was for when we do not have any information on record.... Implying that we wanted to gain information prior to releasing requested information --

Legally what may we ask for in this situation .

As with many online pleaces - this was taken out of context. Please only respond if it is appropriate.

We have received our answer and will be on our way.

Thank You

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dsavi

I might be 2nd guessing here but I think what they are looking for is are their unpaid dues, outstanding fine, outstanding violations, etc. versus the nitty gritty of the Covenants/Bylaws.

That said, there is a cost involved anytime ones wants something so charge them as you would anyone.

PitA
Posts: 1,416
Posted:

We keep track of everyone who resides in our HOA........


WRONG

Y'all need to track who actually OWNS and is thereby a MEMBER, not who merely resides.

Try the county assessors office (online) as generally BY LAW the property tax bill is mailed to the actual property owner of record.

Takes about 30 seconds per tax ID once you into the site.

eg.

(using myself as an example)

http://www.horrycounty.org/OnlineServices/LandRecords.aspx

194180XXXX 46312010037 SPRING FOREST; LT 439 : BERNABEU JOHN S & SHARON A (actual address)MURRELLS INLET SC 29576-8602 Select
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By PitA on 02/21/2016 3:46 PM

We keep track of everyone who resides in our HOA........


WRONG

Y'all need to track who actually OWNS and is thereby a MEMBER, not who merely resides.

Try the county assessors office (online) as generally BY LAW the property tax bill is mailed to the actual property owner of record.

Takes about 30 seconds per tax ID once you into the site.

eg.

(using myself as an example)

http://www.horrycounty.org/OnlineServices/LandRecords.aspx

194180XXXX 46312010037 SPRING FOREST; LT 439 : BERNABEU JOHN S & SHARON A (actual address)MURRELLS INLET SC 29576-8602 Select

Your right, very easy
135000,07152004

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