[CLBS] HOA Lien

[Gery Edson]

Agreed

Sent from my iPhone

> On Jun 21, 2016, at 4:14 PM, D. Blair Clark <dbc at dbclarklaw.com> wrote:
> 
> A foreclosure, other than a deed of trust, IS a judicial proceeding and must
> be done accordingly.  So there IS a right of redemption.  But that's it.  If
> the person in possession is the prior owner or otherwise a "redemptioner,"
> then that person has the right to ask the court to set a reasonable rental
> value during the redemption period.  But otherwise, that's it.  They can pay
> the judgment plus interest and costs during the redemption period.  But they
> have to pay rent during the redemption period, and once that period's up,
> their rights are extinguished.  A couple of years ago we got involved in a
> pretty extensive litigation over the rights of a redemptioner, rent, etc.,
> and that's what the cases come down with.  Most all of the cases are pretty
> old; you don't see judicial foreclosure a great deal.  
> 
> I agree with Gery Edson's points on 55-115 with regard to HOA's, but the
> thrust of the question from Robin was the right of an HOA to foreclose.  A
> redemption, and the rights of a redemptioner, apply to foreclosure of any
> lien or a judgment under an execution sale, except for deeds of trust done
> through the non-judicial process.  Robin, if there's a bona fide
> foreclosure, then owning the "right title and interest" is sufficient.  That
> foreclosing party owns the title subject to the redemption; that's why the
> buyer gets a SHERIFF'S CERTIFICATE OF SALE until the redemption period's up,
> and then a SHERIFF'S DEED.  
> 
> D. Blair Clark
> LAW OFFICES OF D. BLAIR CLARK PC
> 1513 Tyrell Lane, Suite 130
> Boise, ID 83706
> Phone:  208-475-2050
> Fax:  208-475-2055
> 
> 
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randy French
> Sent: Tuesday, June 21, 2016 3:27 PM
> To: 'Robin Long'; 'Bankruptcy list'
> 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
> 
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