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| Author |
Messages |
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KathyU1
(California)
Posts:1
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| 11/12/2008 9:10 PM |
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Hello, new here, and am in need of help.
I am writing on behalf of our homeowner's association. We have nine units in our complex so it is very important that we have enough money in our general fund to cover our expenses. We currently have an owner who is behind for three months and they have been foreclosed on by their lender. Today, I did a search at our county building and found out that the property will be going to auction. We need to collect what is owed to the association from the lender. How do I go about this? Sueing for money owed? It is bank owned. Is there a certain procedure I must follow? Is this a small claims action or what kind of lien must I file?
I would really appreciate any help I can receive from those of you who are familar with Ca. HOA law, and procedure regarding collecting a debt, (ongoing until the property is sold), from a bank owned unit in our complex.
Thank you |
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JosephW
(Michigan)
Posts:788
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| 11/14/2008 7:50 PM |
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Kathy, sorry no one has responded yet. The lender will probably only be responsible from the time it took the title back at foreclosure (You can sue them if they are in now default, but make sure you follow all of the applicable state laws). Anything due prior to that would still be owed by the defaulting owner. You could try small claims but they don't sound very collectible. Here is the link to the state law:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1366-1367.5
Go down to section 1367.4 near the bottom
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1365-1365.6
Go down to 1365.1.
Joe |
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BrianB
(California)
Posts:1748
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| 11/14/2008 8:07 PM |
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yup, your suit is with the owner. I think it is too late to properly file a lien on the property, given you say it is verified to be at auction (which takes away the "owner may SAY it's in foreclosure, but until it's proven" arguement).
you will have to track the owner/debtor down, and continue the collections process. |
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