Question: I am
currently delinquent on my homeowner association (HOA)
dues for over six years. In New York can a homeowner
association
foreclose on a property and collect on more than six
months of back dues?
Response: Yes, the HOA can initiate
the
foreclosure proceeding in the same manner than the
bank can. If there is no mortgage, the HOA may be in 1st
position to
foreclose. If there is a mortgage, the HOA’s
position shifts to 2nd, 3rd, or 4th, etc., depending how
many lien holders are in prior position. Usually, if a
person isn’t paying his/hers HOA dues, they are not
paying their mortgage either. What ends up happening is
the HOA tries to expedite bank’s
foreclosure process so they could get rid of a
non-paying member. The non-payment to HOA sometimes is
worse than non-payment to the bank because the
foreclosure settlement conferences that exist for
settlement purposes with the bank statutorily don’t
exist with the HOA. However, most of the time the HOA
will be inclined to accept some sort of a payment plan
to settle your back dues.
In the legal blog, Attorney Svetlana Kaplun addresses typical questions our firm has received from our clients, or come across from homeowners related to foreclosure, foreclosure defense, loan modification and bankruptcy topics.
The information contained in the legal blog of Attorney Svetlana Kaplun is for informational purposes only, and should not be construed as a legal advice on any subject matter. Please read our full disclaimer or contact the Law Office of Svetlana Kaplun, P.C. by telephone at 718-444-1115 for more information.
Copyright © 2016 Law Office of Svetlana Kaplun, P.C.
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Wednesday, February 25, 2015
Avoiding Retaining an Attorney in Foreclosure Cases
Question: I received a
foreclosure citation, however, I accepted an offer
to sell my home for cash to a person I’ve known for a
very long time. The sale is expected to take place about
six weeks before the answer is due. Because I know the
buyer, I know that the cash is available and the sale
will go through. Do I still need to file an application
and retain an
attorney?
Response: To avoid having to retain an attorney when you are this close to selling your property, you can contact the attorneys for the bank and ask them for an extension, explaining that you are in the process of selling the property and paying the bank off. There is a high likelihood that they will grant you an extension. If you close before the answer is due, then your case will be settled beforehand and you won’t need to file an answer. If not, it is always best to file an answer to preserve your defenses and to avoid being in default of the lawsuit, as it is easier for the bank to foreclose on your property when you are in default.
In the legal blog, Attorney Svetlana Kaplun addresses typical questions our firm has received from our clients, or come across from homeowners related to foreclosure, foreclosure defense, loan modification and bankruptcy topics.
The information contained in the legal blog of Attorney Svetlana Kaplun is for informational purposes only, and should not be construed as a legal advice on any subject matter. Please read our full disclaimer or contact the Law Office of Svetlana Kaplun, P.C. by telephone at 718-444-1115 for more information.
Copyright © 2016 Law Office of Svetlana Kaplun, P.C.
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Response: To avoid having to retain an attorney when you are this close to selling your property, you can contact the attorneys for the bank and ask them for an extension, explaining that you are in the process of selling the property and paying the bank off. There is a high likelihood that they will grant you an extension. If you close before the answer is due, then your case will be settled beforehand and you won’t need to file an answer. If not, it is always best to file an answer to preserve your defenses and to avoid being in default of the lawsuit, as it is easier for the bank to foreclose on your property when you are in default.
In the legal blog, Attorney Svetlana Kaplun addresses typical questions our firm has received from our clients, or come across from homeowners related to foreclosure, foreclosure defense, loan modification and bankruptcy topics.
The information contained in the legal blog of Attorney Svetlana Kaplun is for informational purposes only, and should not be construed as a legal advice on any subject matter. Please read our full disclaimer or contact the Law Office of Svetlana Kaplun, P.C. by telephone at 718-444-1115 for more information.
Copyright © 2016 Law Office of Svetlana Kaplun, P.C.
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