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irishprlncess · Jul 16, 2009, 03:54 PM

I have done much research trying to track down the owner of the home. He left the country 2 years ago and is not planning on returning. The HOA has a $17,000 lien against the house, which is probably more adding the monthly dues. This home is not in forclosesure and basically sitting in Central Florida melting away(not really). Is there any way we could possibly buy this home if the HOA foreclosed on the home? If not what steps do we need to take? There is no back taxes owed, there is a mortgage on the home but for some reason hasn't been forclosed on.

ScottGem · Jul 16, 2009, 04:34 PM

If the taxes are not past due, the property has not been abandoned or the mortgage holder is paying the taxes to protect their lien.

The HOA MIGHT be able to force a sale to recover their lien. But in that case, the property will be sold at auction.

If you want to buy this property you have to make an offer to the owner.

Fr_Chuck · Jul 16, 2009, 05:45 PM

Yes best bet is to try and buy it from the owner, ( having to pay off all the liens of course)

irishprlncess · Jul 16, 2009, 08:54 PM

Originally Posted by Fr_Chuck

yes best bet is to try and buy it from the owner, ( having to pay off all the liens of course)

The only problem with that is he has left the country and no one has any way of getting ahold of him. The house is nice but he gutted it before he left but if he would sell it to us for cheap then we pay everything else off. But is there a way to do it with him being gone?

irishprlncess · Jul 16, 2009, 08:57 PM

Originally Posted by ScottGem

If the taxes are not past due, the property has not been abandoned or the mortgage holder is paying the taxes to protect their lien.

The HOA MIGHT be able to force a sale to recover their lien. But in that case, the property will be sold at auction.

If you want to buy this property you have to make an offer to the owner.

The mortgage company was paying the taxes. We found out there is an 85.000 open end mortgage on the home but it is not in foreclosure. We have called the bank and are getting no where. Ok say the HOA pushes for the sale is the bank able to come after us? And do they have to notify the owner even if they have tried and failed because he is in Taiwan.

Fr_Chuck · Jul 16, 2009, 09:39 PM

If you would buy the property, you get the HOA lien with it. So basically if there is a lien by the HOA, you can not buy it without that lien being paid off.

In the end, you may just have to wait till the bank forecloses on the property.

ScottGem · Jul 17, 2009, 02:57 AM

If the HOA forces a sale, it will probably be an auction. In that case, the primary lien holder (the mortgage holder) gets paid first. If the auction price is less than the outstanding balance of liens, then the buyer will have to pay off the liens before the property can be transferred.

Your best bet is to try working through the bank. But, as noted you may have to wait for a foreclosure.