Can we sue the HOA for evicting us and selling our home for the overdue? 4 Answers as of August 27, 2013

My family was evicted from our home and our property was sold at public auction last September 2012 because we had outstanding homeowner’s association dues. Home not in foreclosure yet. Also, how can HOA foreclose since they don’t have first lien, or second lien, position? Should we hire a real estate lawyer for our defense?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You certainly should consult a real estate lawyer, but from your account it sounds like that ship has already sailed. Check with a skilled real estate lawyer in your area.
Answer Applies to: Wisconsin
Replied: 8/27/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
HOA always takes a first lien position so they were within their rights to foreclose and sell the property.
Answer Applies to: New York
Replied: 8/24/2013
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
No you can't sue and yes they can do what they did. If you didn't pay your HOA, you have no defense.
Answer Applies to: California
Replied: 8/24/2013
Janke Legal Consulting | Bruce C. Janke
Your question is confusing because on the one hand you say the HOA foreclosed and sold the home at auction and the new owner evicted you. Then you say the home is not in foreclosure yet. You appear to admit that the dues were in fact in arrears. So, what would be the basis of your defense? Are you asking whether you can successfully sue the HOA because it was not a first or second lien holder? If that is the question, the answer is no. Any lien holder can foreclose regardless of position, as long as it pays off the more senior liens. You definitely should speak to an attorney.
Answer Applies to: California
Replied: 8/24/2013
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