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  #1  
Old 04-27-2008, 11:49 PM
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Join Date: Apr 2008
Location: Az
Posts: 2

Foreclosure/Hoa fees & penalties


What is the name of your state? Az
Hello,
my home was foreclosed in Jan'08. During the 6 months of non-payment I also did not pay the HOA dues and incurred a few 'fines' from the HOA for 'weeds' and not being up to standards. Today I received a Superior court notice of lawsuit filed by the Hoa to recover $415 in past dues and fines and $2300 in attorney fees. Plus they want an injunction to force me to bring the yard to standards and maintain it.
I thought all they could do was to lien the house and recover in a sale if price exceeded the note, otherwise written off. I know in Az that no deficiency suit is allowed on single family homes, however I cannot seem to find anything that directly addresses this.
The part about continuing to maintain the yard is fairly laughable.
advice?
thanks
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  #2  
Old 04-28-2008, 07:06 PM
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Join Date: Feb 2007
Posts: 5,004
You might find the requirement to maintain your property laughable, but I'm sure your neighbors don't. Such is life in an HOA-controlled neighborhood.

You're confusing things. The anti-deficiency laws do not apply to your HOA debts.
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  #3  
Old 04-30-2008, 05:42 PM
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Join Date: Apr 2008
Location: Az
Posts: 2
The property was foreclosed and sold in January. I don't live there and no longer own it. Therefore they are not my neighbors. However it is maintained at this point is no longer my concern, and thinking I would maintain it at this point is ludicrous. But, the question pertained to past penalties and fees on the property. My understanding is they go with the property, via lien or otherwise, because they relate directly to the property. But thanks for your response. Time to find an attorney to argue it I guess.
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  #4  
Old 04-30-2008, 07:31 PM
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Join Date: Feb 2007
Posts: 5,004
No sorry, you are incorrect. While the lien goes with the property (actually, it's most likely been wiped out by the foreclosure), the debt for the moneys up until the sheriff's sale are still your responsibility.
The attorney's fees related in pursuing you continue to run.
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