The HOA had foreclosed on the previous owner and got title, but later, the Bank foreclosed, and I bid & won the county foreclosure auction and got title.
1. There is a question whether the HOA lien is remedied or wiped out by the HOA's foreclosure. There is no general consensus about this issue, it seems. For instance, http://www.avvo.com/legal-answers/does-a-hoa-foreclosure-extinguish-the-hoa-lien--af-674952.html
2. Regardless of #1, from my understanding, when it took title, the HOA became responsible for all previous and current dues. Therefore, the HOA can not collect these dues from the subsequent owner (me), because they had a duty to make assessments current like any other buyer, and it would be unfair to treat themselves differently.
Is lien still valid? How to remove lien?One attorney said I should pay the entire balance (HOA lien + hoa attorney fees + past/current fees), and this will remove lien. Another attorney is telling me we should file a "Quiet Title Action", and if the HOA responds, they won't have any defense to the amount due (for reasons listed above), and as a result I should get a clean title from the Quiet Title Action. Can and will this work? FIrst attorney will charge less (but I pay more), but second attorney is not guarnteeing outcome. So, now I am left in this situation where I don't know what to do. I thought the law is clear, but it's not clear enough to prevent me from paying a whole bunch one way or another. Would a title search/report show that this lien is still present and valid? Should I even have to do anything in this case? HOA sent me a ledger about the property showing it's 16k behind, but no formal demands, lis pedens, etc. Should I wait longer?