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Are back dues & assessments owed to an HOA by an owner recoverable by escrow alone when sold, or is a lien needed?

Los Angeles, CA |

The dues and assessments are owed by an estate of a deceased owner. Will the amount owed be recovered by reporting the amounts owed to the escrow company alone or does the HOA need to also place a lien.

Attorney Answers 2

Posted

I suspect that the lender or owner's title company will require an estoppel certificate from the HOA prior to closing. The certificate will not issue by the HOA unless past-due dues are paid and a provision is made for their payment in escrow.

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Asker

Posted

Thank you.

Asker

Posted

Thank you.

Posted

I agree with the response above, however, it is also a good idea to record a lien. This is an easy process and should assure the payment of the lien amount.

I am not your attorney and this response is for educational purposes only. Consult your lawyer if you need assistance.

I am not your lawyer, and I am giving you this information to help you find a lawyer. Do not rely on this information. Consult a lawyer.

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Asker

Posted

Thank you. We find both answers helpful and will file a lien just as a matter of caution.

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