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About Dennis Herman
Expertise
I can answer questions on Real Estate such as question on writing an Offer to Purchase. What can go wrong after an offer is written? What is Buyer Agency and what will it do for me? What is a foreclosure? What is the difference between a foreclosure, a bank owned property and a short sale? What is the best way to locate a property? What steps can be taken to avoid foreclosure? How do Real Estate Agents get paid? How can I quickly build equity in a home? How do I view homes? What types of homes will have the best prices? How do I choose an agent? What types of financing are available?

Experience
Residential and commercial real estate. New home purchases. Buyer Agency. First time home buyers. Foreclosures, bank owned properties, estate sales and short sales.

Organizations
Greater Milwaukee Realtors Association Wisconsin Realtors Association National Association of Realtors

Publications
http://activerain.com/bloghome

Education/Credentials
State of Wisconsin Licensed Real Estate Sales Agent Accredited Buyer Agency Training Relocation Training Certified Senior Citizen Representative Wisconsin Real Estate Continuing Education

 
   

You are here:  Experts > Real Estate > Foreclosure > Foreclosure > home owners dues

Foreclosure - home owners dues


Expert: Dennis Herman - 9/13/2009

Question
QUESTION: can home owners association file foreclosure against your home, due to past due dues?  I am unemployed and have granted a moratorium on my home loan for 2 years.  can hoa do this and have my home padlocked?  I want to pay these payments, however lawyer said full amount has to be paid at once.

ANSWER: The answer will all depend on the HOA rules and what the local laws will allow.  I suggest you call the people in charge, work out a payment plan and send a down payment.  Chances are it will cost much more to process a claim against you compared to what you owe.  They may file a lien against the property but that is not the same as a foreclosure.  

Next step is to find any work you can.  I know it is tough out there.  We'll be praying for you.



---------- FOLLOW-UP ----------

QUESTION: I believe the home owners already filed a lien, but they say they have now foreclosed on the lien.  Is this possible?  Also, can they have the property padlocked until paid?

Answer
Without seeing the agreement with the HOA, I can not answer that question.  I doubt if the have the power to lock you out of your home.  I am sure they will have to go through legal channels before doing anything.  Now this is important.  Ask them for a copy of all the paper work.  If they have filed a lien, get a copy.  Also, when you pay them in full, make sure you receive a lien waiver.  This will help protect you.  

The best thing to do is explain the situation, ask for a plan to work this out and pray.  If that dies not work, elect a board with some compassion.

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