Can an HOA sue me in small claims for past due HOA dues after a short sale and after receiving release of lien? Posted on February 11, 2011
I went through a LONG short sale that took place in 5/09. Escrow closed 3/31/10. A notice of involuntary lien was filed in 3/09. I received a release of lien in 4/5/10 from the HOA's attorney for the lien filed on 3/09. I am digging up my CC&R's and asking my old neighbor who is still a friend for a copy so I can read up on this. Doesn't seem to make sense. I found out about this when I was in court filing paperwork. The small claims suit was filed 1/24/11, court date 3/11/11. I have not received any notification yet. I have 15 days from the court date to be served notice. Still confused, but glad to be out of that HOA. After serving on the board as treasurer for 3 years I knew I was on the Titanic. Only after losing my job and exhausting my savings and credit did I decide to short sell. I know the current board loathed the previous ones, too much in fighting and challenging for me. Do they have a case? I don't see how with the release of lien.
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