condo association takes title of a unit by foreclosing on the previous owner. If i buy the unit at mortage foreclosure auction at the court house, do i still have to pay the amount that has come due while the association was the owner.
I do know that i have to pay for the final judgment amount that the previous owner owed.
When it owns a unit, the association's rights are no different than any other unit owner, so it is responsible for the assessments that came due while it owned the unit. However, this is not to say that it may not try to force you to pay it all. Many of the associations and their attorneys have become hard-nosed and unreasonable in the current climate, and bank on the fact that individual purchasers will not spend the money it takes to stand up to them. They are often right. If they demand the whole amount and you do not pay, they can file a lien and then start foreclosure, and you will be faced with retaining counsel to fight back.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Residential Real Estate Lawyer
Buying foreclosed units are always risky. Many times the associations and their attorneys are not only hard-nosed, as Ms. Golant points out, but they may become greedy as well and try to assess the property for fees and costs that are not allowed by law.
The association has the duty to pay all past due and current assessments when they take title to the property. They will try to claim they are still entitled to collect on the judgment and you have to decide how much you're willing to fight them on this as it can be very expensive and if you lose because the judge either does not understand the statute or favors associations, you will have to pay their attorneys fees and costs, which means they can foreclose on you.
You should hire an attorney to discuss this in a personal consultation.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Divorce / Separation Lawyer
Once the HOA foreclosures on a property, you are not responsible for future HOA fees. That does not mean that the mortgage holder cannot sue you, but they will have to also sue the HOA.