[CLBS] HOA Lien

[Gery Edson]

He may have some defenses under the new restrictions imposed under IC 55-115

Gery W. Edson, P.A.
CW Moore Plaza
250 South Fifth Street, Suite 820
P.O. Box 448
Boise, Idaho  83701
Phone: (208) 345-8700
Cellular:  (208) 859-8711
Fax: (208) 389-9449

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On Jun 21, 2016, at 3:44 PM, Jeff Rolig <jrolig at roliglaw.com<mailto:jrolig at roliglaw.com>> wrote:

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<mailto:rfrench at rfrenchlaw.com>>
To: "'Robin Long'" <RLong at foleyfreeman.com<mailto:RLong at foleyfreeman.com>>; "'Bankruptcy list'" <clbs at admws.idaho.gov<mailto: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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