We have been paying the HOA for almost a year rent to stay in the house (they have the title) - the bank has was granted with the forecl.; judge gave us 90-days to move out. I called the property mgmt to let them know what happened at court; their response was "you maybe protected but we have the writ of possession and intend on collecting rent until notifited by the lender". My question can the HOA take possession before the 90-days?
There is not enough information here. You really need to speak with a landlord-tenant attorney asap. It is odd that the HOA can have a Writ of Possession and insist on your continued payment of HOA dues/rent? You have to be prepared to fight the HOA in court if they attempt to have the writ executed. You can contact me for a free 15 min telephone consult by emailing firstname.lastname@example.org to schedule the appointment.
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If the Bank has taken title to the house, there is very little likelihood that the HOA has the Writ. The only party that can get a Writ is the owner. However, I also sense from your question that the bank was only granted judgment and not possession as of yet until the clerk of court sells the house. If so, the HOA is indeed still the owner and may be able to evict you. For them to do so, they would have to file an eviction action. I doubt they have a Writ ready to go at this time. I think the agent may be bluffing you at this point.
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