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Whats going to happen to my condo once the HoA takes possession of the condo for non payment of assessments

Washington, DC |

my wife lost her job in 2009 and I have been struggling to pay tall the bills so I just stopped paying the Hoa assessments my wife got hit my a car in 2012 and her settlement is pending and she also in a Metro bus accident on Oct 18, 2013 but in the meantime our home is up for auction on Dec 30, 2013

Attorney Answers 2

  1. Unfortunately, without paying the arrears, I'm not aware of any other out. You should look up your state's right of redemption laws which tell you how long you have to pay arrears to get the property back. For unpaid dues and special assessments, the HOA can lien and foreclose even if you have a live mortgage on your condo that you are paying on time. Contact the HOA attorney and see if they're interested in entering into a payment plan with you.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

  2. You need a lawyer, and, even more, you need a realtor specializing in distressed property. You can either let the sale happen and hope that it gets stalled for one or another foreclosure moratorium, or you can get out in front of this thing, list and sell the condo, use the profits to pay your rent, and re-enter the market when you are through the crisis. The first approach will surely destroy your credit rating, making a re-entry much more difficult. I have no idea whether the condo is valuable enough to sell for an adequate price before the couple weeks left before the auction, but a lawyer might negotiate with the condo HOA to a reasonable result. Besides, the DC market is quite hot again. Indeed, it is also possible that a lawyer could refer you to an investor specializing in distressed situations who would buy the condo HOA lien so that you could sell to them. But, sitting on your options is unlikely to make this better.

    Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel.

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