Asked over 1 year ago - Glendale, CA

The HOA Lien Auction is being held in Stanley mosk courthouse . The lien judgment amount is $ 7575 . 77 . . . Amount to satisfy is ; $ 13 , 515 . 80 e - - - Opening bid for tomorrow Original writ of sale was issued on 03 / 22 / 11 . . . Do the attorneys of the HOA have start a new foreclosure process ? New NOD - New NOS - or does the writ of sale expire because its been more than 1 year from the original writ of sale 03 / 22 / 11 and the original date of sale was 12 / 14 / 11 There is a new sale date tomorrow at 10am . Also , can the lien amount increase ? Meaning ; when they obtained the lean judgment , I owed the HOA $ 7575 . 77 ( in 2011 ) Why did is increase to $ 13 , 515 . 80 ? Sheriff and court fees ? Would the HOA need to sue me again and obtain a new judgment for HOA dues owed after the original lien ?

Attorney answers (1)

  1. Michael Raymond Daymude


    Contributor Level 20

    Answered . Respectfully, your issues are much too complicated for this forum especially at this last minute. If your home is being sold at auction tomorrow your options are extremely limited.

    You may have the right to postpone the sale for 24 hours which would allow you enough time to obtain competent legal counsel and/or to obtain the funds to satisfy the lien if the HOA will accept them. If you are able to file an emergency petition in bankruptcy the automatic stay should prevent the sale if filed prior to 10:00 a.m.

    With respect to your specific issue California Civil Code §2924g(c)(2) provides in pertinent part: “In the event that the sale proceedings are postponed for a period or periods totaling more than 365 days, the scheduling of any further sale proceedings shall be preceded by giving a new notice of sale in the manner prescribed in Section 2924f. New fees incurred for the new notice of sale shall not exceed the amounts specified in Sections 2924c and 2924d, and shall not exceed reasonable costs that are necessary to comply with this paragraph.”

    It is unclear from your question whether the requirements of Civil Code §2924g(c)(2) have been satisfied and whether you may have other defenses to the sale.

    Bottom line: If you can undo the sale, and you may not be able to even if there are statutory violations if the property is sold to a BFP, it is going to be expensive and cost far more than the amount you presently owe. You need to do what needs to be done to stop the sale tomorrow morning if you want to be assured you can keep your home. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

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