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Ask Mike
The information contained in the ASK MIKE column is
provided for general information purposes only and is not intended to be a legal opinion
nor legal advice nor is it intended to be a complete discussion of all issued related to
the law. No attorney client relationship shall be deemed to arise hereunder. Every
individual's factual situation is different and you should seek independent legal advice
regarding specific situations. All information contained within pertains only to
California law unless otherwise noted.
Homeowners' Associations
Question 1
Question #1
Question:
I bought a foreclosed condominium from a bank recently. After I moved in, the condo
association notified me that it had filed a lien against the property for association dues
the previous owner hadn't paid. He was several thousand
dollars behind when the bank foreclosed on his condo. The condo association wants to
collect from me. Can the association force me to pay a debt that's not mine?
Answer:
Probably not. The priority of a lien is determined by the date it was recorded. Since the
deed of trust signed to allow the original purchase of the condo would have been recorded
first, it takes priority over a lien filed years later over unpaid condominium association
dues. You can check your title policy to make sure the condo association lien is junior to
the deed of trust lien.
Assuming it is, that means the foreclosure on the original deed of trust would have wiped
out the more recent condo association lien. Neither the bank that foreclosed nor the new
owner - you - can be held liable for it. The association dues do, however, remain the
responsibility of the prior owner and the condominium association is free to pursue him in
court. Of course, you are responsible for paying all association dues that accrued after
you bought the property.
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