California HOA Lien

[gmstephens]

What is the name of your state? California
I recently sold an investment property that had an HOA. I did not pay the HOA dues while I was rehabbing the property (approx 9 months). I never received any correspondence from the HOA during this time.

The HOA was notified of the sale of the property by the escrow company and asked for a demand which they gave to the escrow company. The escrow closed and the HOA was paid all that they asked for. Two days after the close of escrow, I received a letter and copy of a recorded lien from a service to pay the HOA. The lien was recorded the same day that escrow closed. I never received any previous correspondence from this service.

Now, the HOA has called the escrow company asking for their service to get paid their fees which amount to more than the past HOA dues.

Am I liable for these fees?
Thanks for any insight.

[HomeGuru]

Originally Posted by gmstephens

What is the name of your state? California
I recently sold an investment property that had an HOA. I did not pay the HOA dues while I was rehabbing the property (approx 9 months). I never received any correspondence from the HOA during this time.

The HOA was notified of the sale of the property by the escrow company and asked for a demand which they gave to the escrow company. The escrow closed and the HOA was paid all that they asked for. Two days after the close of escrow, I received a letter and copy of a recorded lien from a service to pay the HOA. The lien was recorded the same day that escrow closed. I never received any previous correspondence from this service.

Now, the HOA has called the escrow company asking for their service to get paid their fees which amount to more than the past HOA dues.

Am I liable for these fees?
Thanks for any insight.

**A: explain specifically what the fees are for ie. late charges, interest, legal fees, court costs?

[gmstephens]

Originally Posted by HomeGuru

**A: explain specifically what the fees are for ie. late charges, interest, legal fees, court costs?

According to lien:
"Assessments due 9/1/05 $ 504.00
Late fees, attorney's fees and costs & interest $ 650.00
Total other charges $ 0.00
Total amount of delinquency $1,214.00"

At close of escrow, the HOA was paid dues + late fees of $908.00

The service told escrow that they need to collect the entire $1,214.00 to cover legal fees.

Newer information, the lien was filed approx 100 instruments after the grant deed was recorded.

[HomeGuru]

Originally Posted by gmstephens

According to lien:
"Assessments due 9/1/05 $ 504.00
Late fees, attorney's fees and costs & interest $ 650.00
Total other charges $ 0.00
Total amount of delinquency $1,214.00"

At close of escrow, the HOA was paid dues + late fees of $908.00

The service told escrow that they need to collect the entire $1,214.00 to cover legal fees.

Newer information, the lien was filed approx 100 instruments after the grant deed was recorded.

**A: yes, you are liable for the total amount. I do not know why you think you are not liable. Read your condo docs.

[gmstephens]

Originally Posted by HomeGuru

**A: yes, you are liable for the total amount. I do not know why you think you are not lialbe. Read your condo docs.

Why would I be liable for fees that come after the sale of the property? HOA said I only owed so much and they were paid. The lien came after the sale and after the payment of the HOA.

[HomeGuru]

Originally Posted by gmstephens

Why would I be liable for fees that come after the sale of the property? HOA said I only owed so much and they were paid. The lien came after the sale and after the payment of the HOA.

**A: because you did not pay the fees while you were the owner.
So you owe 9 months plus interest, legal fees etc.