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What happens to HOA dues and condo dues in a foreclosure?

By
Real Estate Agent with Renaissance Realty Group of Keller Williams Atlanta Partners

What happens to HOA dues and condo dues in a foreclosure? All condominiums have mandatory condo dues that cover the insurance on the building, the maintenance and liability insurance on the common areas and amenities, and some of the utilities. Many townhomes and subdivisions also have mandatory HOA (homeowner association) dues to cover amenities and common areas. If dues are mandatory, they are an automatic lien on the property, and the association is not required to file a separate lien each year. When a property is foreclosed, all current and previous condo dues and HOA dues are legally wiped out and unenforceable as liens against the property up to the date of the foreclosure sale. The new owner as of the foreclosure date (either the foreclosing lender or a purchaser on the courthouse steps) becomes responsible for all dues, assessments, and initiation fees beginning on the foreclosure date. These dues must be confirmed and paid by the REO (Real Estate Owned) seller, and this usually occurs when the property is resold. Some associations even charge a “foreclosure fee” in an attempt to recover some of the lost revenue from the unpaid dues of the previous owner. The dues, fees, and other assessments are controlled by the Association, its Declaration or By-Laws, or the Management Company for the Association.

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If you or someone you know is thinking of buying or selling a home have them give me a call .. we will get it done ...right 

Eric Reid 

Associate Broker

Keller Williams Atlatna Partners
Team Leader 
Renaissance Realty Group

Comments(3)

Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

I am not a lawyer but in my opinion the HOA and condo dues get wiped out like any other lien. Many associations play hardball and force houses into foreclosure where they get wiped out instead of compromising and recovering something for their owners.

To be verified by a lawyer in each respective area.

Oct 01, 2010 01:19 PM
Clark Cook
1st Choice Realty of Fayetteville, LLC - Fayetteville, NC
Marketing Homes For Sale In Fayetteville NC Area

Good post Eric, and thanks for the information!

Oct 01, 2010 01:21 PM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Erica

Thanks for sharing the way HOA and Condo Dues are handled for foreclosure properties in Georgia.

Good luck and success.

Lou Ludwig

Oct 01, 2010 01:25 PM