[CLBS] HOA Lien

[Robin Long]

I have a client who filed bk a couple of years ago. His HOA has a statutory lien and are threatening to foreclose. I talked with one person who believes that since they are subordinate to the first deed of trust, all they can get through foreclosure is right, title and interest, but not the right to evict my client. I agree, unless they come in and pay off the first mortgagee. In that situation they would own the house and could evict him. Has anybody seen an HOA foreclose their lien? Would they do this simply to secure second position? I can't imagine an HOA buying a home, but this particular one has made clear that they want my client out of the property.

I would appreciate any insight on this issue, and any experience others may have had.

Robin Long
Attorney
Foley Freeman PLLC
953 S. Industry Way
Meridian, ID 83642
P.O. Box 10
(208) 888-9111
(208) 888-5130

Website: http://www.foleyfreeman.com<http://www.foleyfreeman.com/>
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