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  #1  
Old 03-07-2008, 07:26 PM
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Join Date: Mar 2008
Posts: 6

home owner in Ventura county


What is the name of your state? CA

Have not paid the home owners assoiation fee for some time.
Due to some problems.
I have a Declaration of homestead.
Anything they can do ?
Thank you.
  #2  
Old 03-08-2008, 09:06 AM
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Join Date: Jan 2003
Posts: 19,149
File a lien for unpaid assessments.

then

Foreclose on the lien.

Result:

You lose your house. Pay up. You agreed to by buying subject to the recorded E&Rs, which included the fact that there was a HOA and the ability to levy assessments.
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  #3  
Old 03-08-2008, 10:05 AM
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Join Date: Mar 2008
Posts: 6
Quote:
Originally Posted by nextwife View Post
File a lien for unpaid assessments.

then

Foreclose on the lien.

Result:

You lose your house. Pay up. You agreed to by buying subject to the recorded E&Rs, which included the fact that there was a HOA and the ability to levy assessments.
I thought since I have a declaration of homestead they can't put any liens or judgement on the house.
Another thing is there is no equity in the house just the mortgage.
So if it is correct that they can sell the house they will not get any money since the mortgage company will take theirs.
The house is worth less than it is owned for.
Thanks to this great house market.
  #4  
Old 03-08-2008, 10:13 AM
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Location: St. Odo of Cluny Parish
Posts: 29,043
I thought since I have a declaration of homestead they can't put any liens or judgement on the house.

You thought wrong.
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  #5  
Old 03-08-2008, 11:23 AM
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Join Date: Mar 2008
Posts: 6
Quote:
Originally Posted by seniorjudge View Post
I thought since I have a declaration of homestead they can't put any liens or judgement on the house.

You thought wrong.
Could you please explain it more why I would not be protected.
If the home owners association would sell my home they wouldn't get anything at all.
Since I do know that the mortgage company would be first pay. And I do owe more on the mortgagr than the house is worth.
Thankful for answer.
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