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What are my rights as a California judgment creditor when the HOA delinquent assessment lien is recorded against the unit owner

San Jose, CA |

and my recorded abstract of judgment is junior to the HOA recorded lien? My purchased title report shows no other recorded liens/deeds of trusts. It is in my interest to preserve my lien on the condo because the equity in this property represents about 70% of the amount of my judgment. It has always been a rental property and never the owners primary residence. I spoke to a local attorney and he is not familiar with Home Owners Association foreclosure procedures and junior lien holder rights to cure a HOA lien assessment. If possible, I would like to payoff the assessment which would put me in the first lien position and be able to add that cost to my judgment. The amount of the assessment is about 8% of the judgment. I appreciate any legal citations to my question above.

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Attorney answers 1


Ordinarily, when you pay the debt of another to preserve your own property, the debtor is obligated to restore what you paid to you. How this rule applies to your judgment lien, and especially whether that amount gets added to your lien, I could not tell you.

I would speak to someone who is familiar with those rights. If you cannot find anyone, it would be worth the money to pay someone to do some research to find out.

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