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GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
One of the most dangerous situations developing for homeowners and homeowners association is the assignment of liens. Basically, the association sells it lien for unpaid assessments to an investor who will pursue foreclosure.

It is possible that the association will receive the full value of unpaid assessments and fees from the investor. Here is relevant paragraphs from the full article.
    Why would the association choose to sell its lien? First, rather than allow its lien to be extinguished and collect only 6 months of assessments, the association can usually sell its lien to an interested investor for the full amount due, including all unpaid assessments, fees, and attorney fees and costs due on the account. If a property has a large amount of equity in it, the association’s lien can often be assigned for more than what is even owed on the account.

    Another reason an association benefits by assigning its lien is the investor’s motive to maximize his or her profit on the property.

    Assigning the association’s lien is done at no cost and with no liability to the association.


Here is a link that describes this practice more fully

http://www.imakenews.com/ortenhindman/e_article001217163.cfm
GlenL (Ohio)
Posts: 5,491
Posted:
Thanks for the post George, this sounds like a great thing for cash strapped Associations. I'll have to see if it's available in Ohio.

Studies show that 5 out of 4 people have problems with fractions
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By GlenL on 10/16/2008 12:01 PM
Thanks for the post George, this sounds like a great thing for cash strapped Associations. I'll have to see if it's available in Ohio.
Let us know what you find out as to its applicability in Ohio.
JohnB7 (South Carolina)
Posts: 176
Posted:
This type of transaction makes one think that perhaps ..... juuuust perhaps ..... radical Islam is correct in it's belief that western capitalism is the spawn of the devil.

This (while legal) is absolutely disgusting. Let the HOA foreclose and give the HO fair market value less legal fees and costs. Win/win for all.

Sell to a profiteer ??!!

If I were on the jury for that HO he would go free after shooting the BOD.

There IS a level of greed which becomes a truly biblical sin !!!!!!!!!!!!!!

Remember: An eye for an eye was not revoked.
KirkW1 (Texas)
Posts: 1,665
Posted:
I suspect there is an easy fix to this:

Follow Texas in granting a 180 day right of redemption period. If your house is foreclosed on from an HOA lien in Texas there is a 180 day period in which you can redeem your property. To redeem the property you need to pay the HOA what you owed, and can be required to pay the filing fees paid by the buyer.

And if you do redeem your property you can immediately evict any person inside the home. I think such is probably pretty effective at cutting out any profit motive in foreclosure by HOAs.

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