Diary of a Las Vegas Realtor - Day 44

By
Real Estate Agent with Keller Williams Realty Las Vegas

Today's topic is on foreclosures and liens. HOA lien is not removed as the result of a foreclosure. This is because the recordation of the lien references the CC&Rs which are dated prior to the date of the foreclosure so they are considered to have superior status.  HOA liens are konw as Super Liens. Once a bank has taken possession of a proeprty through foreclosure it is considered the legal owner and must follow legal requirements to convey title to a buyer. Clearing the status of liens is one of those requirements. Thus the bank will bring all outstanding liens current before transfer of the property. Repayment of HOA liens only go back 6 months. If a year has passed before the bank takes possession, the HOA will only recomver six months of back payemtns. The rest is written off as a business expense. So will the HOA take the owner to collections to recover any extra debt not paid by the bank? So far there are no cases of this happening. In a foreclosure the bank gets the house. So far they haven't tried to get anything more from the seller either.

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