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Haven't paid HOA fees. They are suing me. Can they foreclose?

Q: I am being sued by my HOA for failing to pay dues, I am $3,000 in arrears. Can they foreclose on my home?

A: It depends on the language of your HOA's bylaws. They may have the right to "foreclose" on your property, but it is more likely they will place a lien against your home. That said, you may also be liable for any money spent on collection efforts by the HOA, including any attorney fees, so the numbers may add up quickly. Presumably, you received and signed a copy of the HOA bylaws when you purchased your home. Now would be a good time to review those documents (some HOAs will even have them on the association website, or you could request a copy). If you're not adept to reading and understanding contract language, you might consider having an attorney review the document and advice you of the HOA's rights and your obligation under the terms.

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Keith Gumbinger
Keith Gumbinger
Mortgage Expert
Vice President, HSH.com
About Keith: Mortgage market observer and analyst with 35 years experience... (more)
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