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Originally Posted by froggy7 Actually, this is tricky. The HOA (which what I assume you mean), can put a lien on the property for unpaid dues/fines. But that should have been paid off when the house was sold to you. Are they trying to put the lien on it now? Or was it on when you bought, and somehow not paid off then? |
Right, this should have been disclosed and paid off from the proceeds at closing - if the dues/fines are from BEFORE you made the purchase. I would ask my Attorney and also check the title.
Do you know if it was some sort of automatic lien, if the HOA went to Court and got a Judgment, just how/when this lien occurred - ? In a perfect World the lien is the result of a Judgment against a person, filed against that person's property to guarantee it will be paid at some point in time. If the Judgment is against X and X is no longer the owner, the lien can't be filed against property now belonging to Y.
Did you assume payment of these charges/fees at closing by any chance?
Does that makes sense? Sometimes I confuse myself!
You certainly have an action in that amount of money against the former owner.