Can the HOA garnish rent? How do we avoid it?

Asked 7 months ago - Scottsdale, AZ

The home has been in foreclosure for several years and should be closing via a short sale very soon.
The tenants were just served a writ of summons and garnishment..
Should the owner been given notice of this happening? Owner didnt receive anything.
So is the HOA allowed to garnish rent and is there a way to avoid this of course besides just paying it off?

Attorney answers (2)

  1. Rex C Anderson

    Contributor Level 8

    Answered . I'm not very sympathetic to this situation, so this will sound harsh. Just warning you.
    If the property is been in foreclosure for several years, then payments are seriously behind on mortgage. Just as likely, payments to the homeowners association are likewise seriously behind. Meanwhile, the property is rented and rents are being collected which are obviously not being passed on to the mortgage company or used to pay the ongoing homeowners association dues. So as I understand it, you're collecting rent but not paying the underlying expenses. Thus, my lack of sympathy with the situation.

    If you're the tenant, pay whoever the court orders you pay. It sounds like you're the tenant, because you claim that the owner never received any notice. That is obviously a lie. If what you received was a judgment, then the issue of giving notice to the owner is water under the bridge.

    If you still have questions, you should see a competent attorney.

    Disclaimer: This answer is provided as a courtesy to the specific person asking the question and for informational... more
  2. David Luther Woodward

    Contributor Level 14

    Answered . Collection of past due home owner's dues are a creature of local statute. What is allowed here in Florida may be completely different from what is allowed in Arizona. If it involves you in any way, see a lawyer

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