What happens when an HOA forecloses on a property?
Following an HOA foreclosure, all liens that are junior to the HOA’s lien, such as a second mortgage, are extinguished and the liens are removed from the property title.
Do HOA dues survive foreclosure?
The HOA fee becomes your personal debt once you receive it. As a result, it survives foreclosure. In the event the HOA forecloses due to unpaid fees, the home’s sale wipes out the HOA debt you owe. Otherwise, the unpaid fees and any penalties and legal fees you may incur as a result follow you after foreclosure.
Is North Carolina a super lien state?
North Carolina is not a “super lien” state. When the holder of a first mortgage forecloses, the purchaser at the foreclosure sale has, historically, been liable only for dues incurred from the date of the “acquisition of title” to the property.
How do I get rid of HOA?
Call an association meeting and ask for a vote on dissolving the HOA. If approved, have the agreeing members sign the termination agreement. Settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the SOS to complete the dissolution.
Does the HOA own my house?
There is a bit of a legal process. The HOA can do this because while you own your home, the HOA owns the neighborhood in which your home lives. That means you are responsible to pay dues to the HOA which controls your neighborhood. If you break HOA rules, you may get fined.
Can you sell your house if you owe HOA fees?
Yes you can certainly sell your home if you owe HOA fees. You can settle the debt when your home is sold through escrow from the proceeds of the sale. The most important thing to know is the amount of the debt and all outstanding debts on the property.
Is North Carolina a pure race recording state?
North Carolina is a “pure race” jurisdiction, in which the first to record an interest in land holds an interest superior to all other purchasers for value, regardless of actual or constructive notice as to other, unrecorded conveyances.
