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We have a two part issue. A Lien has been placed on our HOme by our HOA for approx $14,000 for a past Due Special Assessment.

Carlsbad, CA |

We want to pay the $14,000 in Protest and have a Foreclosure sale stopped next week by doing so and have the Recorded Lien Unrecorded also. The Attorney for the Beneficiary is also the Trustee , so getting a bottom line from Him will include all of the fees placed on our account when our CC&R's clearly state no Legal or other fees , which add up to around $3000, can be applied in the collection process of a Special Assessment. The dispute over the assessment isn't over those fees and Small Claims won't go up that high when we attempt to collect back our expenses of $7K and HOA didn't test for the same water leaks in our home the President and others had fixed by the Special Assessment they placed the Lien on our home for. A Lawyer would cost us @ $10K fo fight this, best used to pay Lien?

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Attorney answers 2


You need to have the governing documents of the HOA and the documents imposing the special assessment examined by an attorney. Do NOT let this go to sale on the lien. While you do have a 90 day right to redeem following the sale, it will only become more expensive as time passes.

This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.


Just as an addition, have you looked into bankruptcy as an option. It is difficult to determine from the facts of your case but you may be able to avoid the HOA lien in Chapter 13 bankruptcy case. Whether this is beneficial in your case depends on evaluation your overall situation and other debts.