I had received back in Oct 2017 a notice that the HOA is foreclosing due to unpaid fees and there would be an auction for the house. Being a first time homeowner, I called my mortgage company and asked if this is possible and they had told me that all that would happen is that they would be the 2nd lien on the house and they hold priority and cannot foreclose without them. I could not pay the fees at the time. I received other notices and called the mortgage company again and they continued to tell me the same. I thought that they would give me the correct information since I pay them mortgage. I then received an notice to vacant the premises in 24 hrs on Dec 29 and I called them and then they escalated to another level supervisor to look into this and the next day the sheriff showed up to remove myself and my family. I assumed that the information they continued to give me was correct on multiple phone calls and trusted them and got my home taken right from under me and lost it and all my home equity as well as the horrible pain, suffering and trauma done to my family. Now its virtually impossible to find a place to get for us.
Sorry but no. And taking legal advice from a $8/hour rep at the bank (think like the idiots in a call center when you call into Comcast) instead of hiring a lawyer in on you. Of course a junior lien can foreclose, it happens more than regularly. And not only does the HOA foreclose and sell your house, but you are still on the hook for the mortgage money too as senior liens/debts do not get foreclosed out.
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I agree. It definitiely appears that you were misled, but proving it up, or even identifying the person you spoke to, would be problematic, if not very expensive. And with no real chance of achievieng any relief.
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Unfortunately, no. Your mortgage company has nothing to do with your HOA. It is hard to fathom why you spent time calling your lender and not the HOA to resolve the dispute, or why you did not defend against the foreclosure suit, or not even consult a lawyer when it mattered.. [not a Real Estate question, so changing to Foreclosure]
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Granted, you should always talk to one or more lawyers when you are being sued. However, did the bank rep ever suggest you speak to a lawyer? Or did they simply render legal advise?
I agree with attorney Klurfeld. It was your mistake to rely on the advise of your mortgage company, who I assume never sent you anything in writing. Next time you have a legal question, you have to hire your own attorney in lieu of relying on a personal rep from a bank. Good Luck to you.
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