Homeowners who live in California and belong to community associations are committed to paying some special another of money known as assessments and they are usually paid monthly. However, homeowners can face certain financial difficulties that lead to missing a couple of the association fees. Whether you pay your mortgage regularly or not, does not stop your homeowners’ association from initiating a foreclosure if you default on their payment. Most HOA in California can get a lien on your home and can therefore initiate foreclosure on your home.
How does it work?
In California, HOA can only initiate foreclosure after 30 days by which a notice of delinquent has been sent to you. If you did not discuss any solution with the management during those periods of days, a foreclosure will be initiated and you can lose your home.
Can I redeem my home after it’s sold?
Yes, California law gives you the chance to redeem your home up to 90 days after it’s been sold. However, in order to redeem your home, you have to pay all the defaulted amount and other charges in full.
Facing an HOA foreclosure is not something you should do allow, in fact, once a foreclosure notice has been sent, don’t make any decision without an attorney. HOA foreclosure is very complicated and you might need to hire a real estate lawyer to help you with the process. Only hire a lawyer who is familiar with your state laws and knows how HOA foreclosure is processed.
If they are unable to foreclosure your home directly, you can be sued to pay up on the defaulted amount, therefore, it is better to work out other alternatives before a foreclosure is initiated. However, if you feel cheated in any way, you can file a lawsuit to stop foreclosure.
For information on foreclosure defense call us at (877) 399 2995. We offer litigation document review support, mortgage audit reports, securitization audit reports, affidavit of expert witness notarized, and more.