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HOA lien on past dues

Discussion in 'Liens & Encumbrances' started by Spencer Johns, Dec 9, 2016.

  1. Spencer Johns

    Spencer Johns Law Topic Starter Guest

    Jurisdiction:
    Texas
    I have recently tried to refinance my home and the Title company has found that there is a lien on my property from the previous owner not paying his dues in 2012. Now that being said I purchased this Foreclosed house in 2013 with a title search that found that the HOA needed to get paid. The HOA sent over the balance sheet showing what was owned in 2013 only. The HOA was paid and no liens were recorded or found at the county clerks office at that time by the original title company. The re-sale certificate was issued by the HOA. Since purchase I have refinanced one other time in 2015 with no issues getting a clean title, now all of a sudden when trying to refinance again this lien pops up with the past dues of $210 dollars with fees and interest totaling up to over $1400 dollars. How is this even possible?? I would not have even known there was even a lien on the property if I had not tried to refinance again; allowing the late fees, interest and lawyer fees to keep on accruing. Are they not obligated to tell me that they are putting a lien on the home or do they track down the previous owner to collect? Help what can I do, I am getting screwed!!!
     
  2. army judge

    army judge Super Moderator

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    That's a question best asked of your HOA board, mate.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    That's easy. Talk to the HOA board and see if you can reach a compromise settlement and pay what you can both live with it.

    Or, give up the idea of refinancing. Unfortunately, that's not going to make the lien go away and it will cost you more somewhere down the line when you want to sell.

    Or, you can litigate but it's going to cost you a lot more than the $1400 for lawyer fees that you aren't likely to get back.

    PS: Once you have paid off the lien you are welcome to sue the previous owner in small claims court for indemnification.
     

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