I currently live in a condominium in Huntington Beach, CA. The property is on a ground lease, and there are HOA fees to be paid every month. I have a 5 year lease on the home.
First, the original owner of the property died about 2 years ago, and his son had taken the property. He was involved in some legal issues, and agreed to never set foot in Huntington Beach again, at which time he leased the property to us. We had no knowledge of the ground lease, and did not know he was not paying the HOA fees. Prior to his father's death, as his power of attorney, he signed a deed, assigning the property to me, which I have never had notarized. The house was defaulted and scheduled for auction in September, 2013. I stopped the auction and actually had it cancelled and the seller trustee returned the property to Bank of America, claiming they no longer were involved. In trying to reach Bank of America regarding the property, they claim they do not own it, that it was sold at auction. None of this is true, and no one at the bank will speak with me as they ascertain they do not own the property. In running a title search on the property, it only shows a lien by the HOA from 2 years ago, and BOfA owns it.
I have now been served with 2 (two) sixty day notices, one from the ground lease people, naming me personally responsible for the ground lease for the past year, and one from the HOA, naming me personally responsible for the HOA fees for the past year and a half. They also name the deceased and all banks, seller trustees and loan servicers.
I tried contacting them when I was first notified of the 60 day notices, and they refuse to return any calls. I had absolutely no knowledge of these charges, have never seen any kind of billing, lease, contract or HOA rules and regulations. I have a recently discharged chapter 7 bk, and have prepared the documents to reopen to include these unknown fees, and am preparing an adversary complaint, but I could use some advice. Can they evict me if there is a probate going on? Since they are not my landlord, can they evict me, or would they need to get a judgment and begin foreclosure proceedings?
Any help would be greatly appreciated.
First, the original owner of the property died about 2 years ago, and his son had taken the property. He was involved in some legal issues, and agreed to never set foot in Huntington Beach again, at which time he leased the property to us. We had no knowledge of the ground lease, and did not know he was not paying the HOA fees. Prior to his father's death, as his power of attorney, he signed a deed, assigning the property to me, which I have never had notarized. The house was defaulted and scheduled for auction in September, 2013. I stopped the auction and actually had it cancelled and the seller trustee returned the property to Bank of America, claiming they no longer were involved. In trying to reach Bank of America regarding the property, they claim they do not own it, that it was sold at auction. None of this is true, and no one at the bank will speak with me as they ascertain they do not own the property. In running a title search on the property, it only shows a lien by the HOA from 2 years ago, and BOfA owns it.
I have now been served with 2 (two) sixty day notices, one from the ground lease people, naming me personally responsible for the ground lease for the past year, and one from the HOA, naming me personally responsible for the HOA fees for the past year and a half. They also name the deceased and all banks, seller trustees and loan servicers.
I tried contacting them when I was first notified of the 60 day notices, and they refuse to return any calls. I had absolutely no knowledge of these charges, have never seen any kind of billing, lease, contract or HOA rules and regulations. I have a recently discharged chapter 7 bk, and have prepared the documents to reopen to include these unknown fees, and am preparing an adversary complaint, but I could use some advice. Can they evict me if there is a probate going on? Since they are not my landlord, can they evict me, or would they need to get a judgment and begin foreclosure proceedings?
Any help would be greatly appreciated.
