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    cordell1964's Avatar
    cordell1964 Posts: 1, Reputation: 1
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    #1

    Jul 19, 2008, 10:05 PM
    HMO'S and liens
    Can HMO'S put a lien on your home for not paying your dues. We did not personally join but bought the house 4 yrs ago and previous owners belonged. House is located in Centennial Colorado. Thanks Claire
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Jul 20, 2008, 01:06 AM
    They can't put a lien on property if YOU own it and not them. That's like sending Joe blo to jail for what Jane so and so did.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #3

    Jul 20, 2008, 09:28 AM
    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?
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #4

    Jul 20, 2008, 09:33 AM
    If uou are referring to HOA's (Homeowner Associations) and depending on the laws in your area, many HOA's can put a lien on amembers property for non-payment of dues.
    The HOA I was affiliated with had the lien clause added to the HOA covenants, which ahd to be approved by a judge.
    Normally, you do not have a choice of "joining" the HOA but rather it is part of the transfer of property to you. Laws are different in different states. You should have received some information at settlement. We don't have an HOA where I live now, but we still have covenants which are written right into the deed. Your realtor can probably tell you whether HOA's can place a lien, but there is a very good chance the answer is yes. Good luck.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 20, 2008, 02:30 PM
    Quote 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.
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