|
| Wednesday, February 08, 2012
|
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
KarenT
(Washington)
Posts:200
 |
| 09/02/2010 9:11 AM |
|
I think I know the answer to this but I wanted to make sure. Once the HOA forecloses on a homeowner, and the HOA takes title to the property the homeowner becomes a tenant, right? Then the HOA must follow landlord/tenant laws for eviction under the state laws, right? The HOA can't just tell the homeowner they have to vacate, correct?
Thanks! |
|
|
|
|
DonnaS
(Tennessee)
Posts:5671
|
| 09/02/2010 9:33 AM |
|
Karen,
I do not know Washington State Eviction laws but I do know Florida. The reason that you might have an eviction reason is failure to pay dues or in the case of the HOA owning the property, it might be failure to pay rent and or dues. Yes, they are a tenant after the HOA takes posession but there might be a no lease signed situation, therefore the HOA can evict. Is this YOU? |
|
|
|
|
GlenL
(Ohio)
Posts:3526
|
| 09/02/2010 10:26 AM |
|
Every State has different laws and you should check with an attorney familiar with WA laws but this is from: http://www.forecloseddreams.com/eviction-after-foreclosure-trustee-sale
If you don't leave your house after it sells at a trustee's auction, the lender can have the sheriff evict you through a process called "unlawful detainer."
The unlawful detainer process is the same used by a landlord to evict a tenant--you are now a holdover tenant in the lender's house.
What is a notice to quit?
The purchaser at a foreclosure sale must serve the occupants with a Notice to Quit before filing an eviction lawsuit to gain possession of the property.
If the occupant is the former owner or a tenant of the former owner, a 3-Day Notice to Quit is required. If the notice period expires and the occupants have not left, then the new owner may then file an unlawful detainer.
Additional Protection for Renters
In a bill recently passed by Congress and signed by President Obama renters with month-to-month rental agreement must be given 90 days notice before they can be evicted. Renters with leases are allowed to stay in foreclosed home until their lease expires.(unless the foreclosed property is sold to a bonafide purchaser, in which case they must be given 90 days notice.) |
|
Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
|
|
KarenT
(Washington)
Posts:200
|
| 09/02/2010 12:08 PM |
|
Posted By DonnaS on 09/02/2010 9:33 AM
Karen,
I do not know Washington State Eviction laws but I do know Florida. The reason that you might have an eviction reason is failure to pay dues or in the case of the HOA owning the property, it might be failure to pay rent and or dues. Yes, they are a tenant after the HOA takes posession but there might be a no lease signed situation, therefore the HOA can evict. Is this YOU?
No, it is not me - I am the past President now VP and we have turned this over to an attorney to start the foreclosure and I forgot to ask this question. |
|
|
|
|
SusanW1
(Michigan)
Posts:5035
|
| 09/02/2010 12:17 PM |
|
If there is no lease, then it's a trespassing issue for anyone staying in property that is no longer theirs.
Let them know they have 24 hours after you get possession of the property, if you choose to do so.
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|