[CLBS] HOA Lien

[Jeff Rolig]

I agree with Randy.  Once they foreclose through a sale, assuming they are 
the lucky bidder, they will own the house and can evict the people in 
possession.  Dealing with the first mortgage is whole separate issue.

----- Original Message ----- 
From: "Randy French" <rfrench at rfrenchlaw.com>
To: "'Robin Long'" <RLong at foleyfreeman.com>; "'Bankruptcy list'" 
<clbs at admws.idaho.gov>
Sent: Tuesday, June 21, 2016 3:27 PM
Subject: Re: [CLBS] HOA Lien


> In my view, if they get right title and interest, they have the right to
> possession and can evict whoever is in possession.  If they foreclosure,
> your client has not further right title or interest to the property, 
> unless
> it has a right of redemption.  They would have the right to rent the
> property out and unless there was an assignment of rents, they could use 
> the
> rent as they see fit.
>
>
>
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Robin Long
> Sent: Tuesday, June 21, 2016 3:08 PM
> To: Bankruptcy list
> Subject: [CLBS] HOA Lien
>
> 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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