Unpaid assessments of previous owner are not always owed by the foreclosure buyer

In January, 2017, my client received title to a house he bought in December at a mortgage foreclosure sale. The mortgage had been recorded in 2005. Soon after, the homeowners association (HOA) demanded more than $19,000 from my client that it claimed was owed because the prior owner who was foreclosed did not pay assessments for years and the law passed in 2007 states that a buyer, including a purchaser at a foreclosure sale, is jointly and severally liable with ...

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Property Managers Must Help Their Condominium Collection Attorneys

The following is an actual case which shows how a manager’s failure to make one phone call to the Association’s attorney ended up costing her Association thousands of dollars in attorney fees.

A unit owner lived alone and traveled for business reasons every month, often for weeks at a time. To avoid accumulating mail in her mailbox, she told the manager (and others) to use her local business office as her mailing address for all association business, but the manager did ...

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