Quote:
Posted By LetA on 10/14/2022 12:55 PM
No Augie, I am asking so I don't go off half cocked. The ATP was signed 31 days ago at the last meeting during executive session. The PM said the process should take about
30 day. So far crickets. [snip]
As to the aforementioned issue, I have been checking daily both the County Recorders site and the Sheriffs sale cite, and I have been checking the MLS listings so far nothing has been filed. This is far too much money for the HOA to have to write off as a bad debt. IMHO that ATP should have been rushed to the office while the ink was drying to file the necessary paperwork. Yes Nevada HOA's still have a super priority, but I still think we should be first in line.
Well you did not respond with snark to my snarky post, so I will try to give constructive "direction." Which to be blunt, will be
exactly the same as going off half-cocked.
Anyway, at least there may be some learning here. It might end up being learning via the School of Hard Knocks, but there are worse schools of higher education.
To begin:
LetA, who is the Authorized Third Party (ATP)? The PM?
You think the ATP should have been rushed to what office? The County Clerk? The PM's office, so it could then record the necessary paperwork with the County Clerk?
How come you have not read sites like this: https://www.nolo.com/legal-encyclopedia/nevada-hoa-foreclosures.html and followed the directions at this site (checking with the cited Nevada statute sections)? From the latter web site:
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HOA Lien Foreclosures in Nevada In Nevada, the HOA may hold a foreclose sale and sell the property to a new owner after sending the homeowner a notice of delinquent assessments, recording a notice of default and election to sell, and providing notice of the foreclosure sale.
Notice of Delinquent Assessments Before Foreclosure Starts Before starting the foreclosure, the HOA must mail a notice of delinquent assessment by certified or registered mail, return receipt requested, to the homeowner, which states:
-- the amount of the assessments and other sums that are due
-- a description of the unit against which the lien is imposed, and
-- the name of the record owner of the unit. (Nev. Rev. Stat. § 116.31162).
Notice of Default and Election to Sell Not less than 30 days after mailing the notice of delinquent assessment, the association has to then record a notice of default and election to sell (NOD) with the county recorder. The NOD must contain much of the same information as the notice of delinquent assessment, along with a warning that if you don't pay the delinquent amount, you could lose your home, even if the amount is in dispute. The HOA must also mail a copy of the NOD to you, the homeowner. (Nev. Rev. Stat. § 116.31162).
The homeowner (or successor in interest) may pay the amount of the lien, including costs, fees, and expenses pertaining to its enforcement for 90 days after the notice of default and election to sell is recorded or the date when notice of default was mailed to the owner, whichever is later. (Nev. Rev. Stat. § 16.31162).
Notice of the Foreclosure Sale After the 90-day period described above expires and before selling the unit, the association has to give notice of the time and place of the sale by:
-- recording a notice of sale
-- posting a similar notice describing the property, for 20 consecutive days, in a public place in the county, and
-- publishing a copy of the notice three times, once each week for three consecutive weeks, in a newspaper of general circulation in the county.
The association must also mail the notice to the unit owner (or successor in interest) on or before the notice's first publication or posting date. A copy of the notice of sale also has to be served to an occupant of the property who is of suitable age. Or it has to be served by posting a copy of the notice of sale in a conspicuous place on the unit. (Nev. Rev. Stat. § 116.311635).
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LetA, exactly where is the HOA in completing these steps?