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

    Oct 4, 2012, 05:25 PM
    Is there subsequent liability for HOA fees accrued after a quitclaim deed filed?
    I quit claimed a home to ex-spouse during a divorce. He subsequently quit claimed it to an L.L.C. corporation. Both deeds were filed with San Bernardine County and all H.O.A. fees were current. Unfortunately the L.L.C have failed to pay any assessments since.
    The H.O.A states that since the property transfer was with a quitclaim deed rather than a warranty or grant deed, I am still liable for accruing fees. The CCRs refer to "owner" which legally is defined as "owner of title/ record" . Is a quitclaim valid to change the "owner of record"?
    Ultimately, Can the H.O.A hold me liable for fees and penalties accrued for 3 years after I quit claimed the property?
    Thanks for any help...
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Oct 4, 2012, 05:39 PM
    They can try to hold you liable but if you do not pay they would have to file suit and prove their point. Is the CCR you refer to some sort of HOA document. HOA rules can't superceded state law.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 4, 2012, 09:02 PM
    Quote Originally Posted by senaedrin View Post
    ... Is a quitclaim valid to change the "owner of record"? ...
    Yes. My guess is that the HOA hasn't bothered to consult with a competent attorney. Either that, or they are trying to quick talk you into paying.

    A LLC isn't a corporation, by the way. It stands for "limited liability company. It's more like a partnership.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 5, 2012, 03:44 AM
    Yes, the purpose of a quit claim deed is to release any interest a person might have in a property. Once the quit claim deed was accepted and recorded you have no liability for the property. The difference between a quit claim and warranty deed is that in a warranty deed the grantor (you) warrants that you have clear title. But in your case it doesn't matter. The quit claim deed proclaimed that you no longer have any interest in a property. Doesn't matter whether you ever had any interest but as soon as the deed was accepted and recorded your interest ended.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Oct 5, 2012, 04:34 AM
    Do you know why the LLC has not paid this.

    You said that all payments were up to date when transferred to LLC,

    Are you still involved with the property in some way ?
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