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Old 10-23-2009, 12:54 PM
 
Location: Charlotte, NC
2,193 posts, read 4,535,541 times
Reputation: 1072

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Actually lumbollo, you didn't provide a link, but this is the link I used. Let me know if you have a different one.

http://www.ncga.state.nc.us/enactedl..._47f-3-116.pdf

Also in that statute it states:
"The lien under this section is prior to all liens and encumbrances on a lot
except (i) liens and encumbrances (specifically including, but not limited to, a mortgage
or deed of trust on the lot) recorded before the docketing of the claim of lien in the
office of the clerk of superior court, and (ii) liens for real estate taxes and other
governmental assessments and charges against the lot. This subsection does not affect
the priority of mechanics' or materialmen's liens"

My understanding of that is that other liens and encumbrances aren't included in what this statute is referring to.

I agree with trademarked. I have bidded at auctions before as well. (I don't have as much experience as this poster), but the highest bidder is responsible for exisiting liens, judgements, etc on the property. That's why you have to be really careful when purchasing a property at an auction. And to do your research prior to bidding!
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Old 10-23-2009, 02:27 PM
 
7,105 posts, read 9,699,824 times
Reputation: 2564
Quote:
Originally Posted by sheenie2000 View Post
Actually lumbollo, you didn't provide a link, but this is the link I used. Let me know if you have a different one.

http://www.ncga.state.nc.us/enactedl..._47f-3-116.pdf

Also in that statute it states:
"The lien under this section is prior to all liens and encumbrances on a lot
except (i) liens and encumbrances (specifically including, but not limited to, a mortgage
or deed of trust on the lot) recorded before the docketing of the claim of lien in the
office of the clerk of superior court, and (ii) liens for real estate taxes and other
governmental assessments and charges against the lot. This subsection does not affect
the priority of mechanics' or materialmen's liens"

My understanding of that is that other liens and encumbrances aren't included in what this statute is referring to.

I agree with trademarked. I have bidded at auctions before as well. (I don't have as much experience as this poster), but the highest bidder is responsible for exisiting liens, judgements, etc on the property. That's why you have to be really careful when purchasing a property at an auction. And to do your research prior to bidding!
Need a clarification please--you "bidded" or did you buy? If you bought can you tell us a bit more?
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Old 10-23-2009, 02:30 PM
 
7,105 posts, read 9,699,824 times
Reputation: 2564
Quote:
Originally Posted by pink caddy View Post
Does anyone know of a homeowner losing their house on the courthouse steps for non-payment ( lien judgement) ahead of the holder of the first mortgage????

Anybody??

Having a lien placed on your home is a whole lot different than being foreclosed on. I know everyone knows that but if so, why fall into all the media b s that is out there to sell newspapers?
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Old 10-23-2009, 02:56 PM
 
Location: Somewhere in America
12,304 posts, read 10,706,868 times
Reputation: 20540
Quote:
Originally Posted by CouponJack View Post
Gastonia mom faces foreclosure after not paying HOA dues | Charlotte News, Weather, Sports | WCNC.com | Local News (http://www.wcnc.com/news/local/stories/wcnc-102009-al-mom_foreclosure.237436bb4.html?npc - broken link)

This idiot refused to pay her $175/year dues. NOT because she didn't have the money (she did), but because the HOA didn't cut the grass on unoccupied property.

This reminds me of the people who come here w/o a job and then are shocked they can't find work....clueless.


She paid around $2000 in fines and lawyers fees and what do you think her advice to homeowners was in the end?

"Pay your dues"

No s**t sherlock....
People are stupid. No two ways about it.

Oh and here's you're sign!
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Old 10-23-2009, 03:47 PM
 
Location: Charlotte, NC
2,193 posts, read 4,535,541 times
Reputation: 1072
Quote:
Originally Posted by pink caddy View Post
Need a clarification please--you "bidded" or did you buy? If you bought can you tell us a bit more?
I bidded at one and won. But this purchase is a weird one, bc it's a short sale too. So the bank has to accept it before we can close.

I'll let you know more if we ever get through the end of the process and actually close!
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Old 10-23-2009, 04:44 PM
 
4,010 posts, read 8,925,228 times
Reputation: 1585
That doesn't sound like the kind of sale covered by HOA dues foreclosures. Possibly the bank has already foreclosed on the property as noted above and is now selling it at auction.
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Old 10-23-2009, 05:10 PM
 
7,105 posts, read 9,699,824 times
Reputation: 2564
Quote:
Originally Posted by sheenie2000 View Post
I bidded at one and won. But this purchase is a weird one, bc it's a short sale too. So the bank has to accept it before we can close.

I'll let you know more if we ever get through the end of the process and actually close!
No, this is not the type of sale I have been questioning. This type is the norm.

But, thanks anyway.
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Old 10-23-2009, 06:06 PM
 
Location: Charlotte, NC
2,193 posts, read 4,535,541 times
Reputation: 1072
Quote:
Originally Posted by lumbollo View Post
That doesn't sound like the kind of sale covered by HOA dues foreclosures. Possibly the bank has already foreclosed on the property as noted above and is now selling it at auction.
Quote:
Originally Posted by pink caddy View Post
No, this is not the type of sale I have been questioning. This type is the norm.

But, thanks anyway.
No it's actually not the norm.
The seller enlisted an auction company to sell her home. The auction company held an auction sometime back. We were the highest bidder.
Normally, the seller woud just be able to sell the property as is and the buyer could close immediately. But the seller can't provide a free and clear title since she can't pay off the mortgage. So it turned to a short sale.
No one has experienced something like this (the lawyers, agents, or the auctioneer). So just our luck we get one of the most difficult houses to purchase lol. But hey, at 40% off, it's worth it.
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Old 10-23-2009, 06:32 PM
 
7,105 posts, read 9,699,824 times
Reputation: 2564
Quote:
Originally Posted by sheenie2000 View Post
No it's actually not the norm.
The seller enlisted an auction company to sell her home. The auction company held an auction sometime back. We were the highest bidder.
Normally, the seller woud just be able to sell the property as is and the buyer could close immediately. But the seller can't provide a free and clear title since she can't pay off the mortgage. So it turned to a short sale.
No one has experienced something like this (the lawyers, agents, or the auctioneer). So just our luck we get one of the most difficult houses to purchase lol. But hey, at 40% off, it's worth it.
Yes, it's actually the norm. Absolutely nothing unique about this type of sale.
Congrats to you if it goes thru.
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Old 10-25-2009, 11:55 AM
 
2 posts, read 2,894 times
Reputation: 10
Someone please help with my question. HOA lawyer's office is going to fc on our home. We had to leave the state since we lost our jobs in this economy. We were lucky to find at least one somewhere else. We fell behind on ALL bills, even food for the kids. 276.00 was the amount late to the HOA. After lawyers fees, of over 1000.00 I borrowed more money to give them 700 back in April 09, and have been paying them 110.00 per month since. They are demanding a balance of 400.03 due by NOV 17, 09 or it goes back to court on NOV 18, 09. The home went up for sale a while ago, and we had originally put the 20% down, regular low interest rate mortgage, all normal. House was in our price range too ( no overextending here) With job losses, all CC's were maxed and no one was paid for almost 6 months straight. Even Citimortgage has been gracious in all of this mess. Our income is now 1/2 and we are renting an even smaller place with the kids in a new state and have no extras ( no cable, no cells, sold 1 car too) I'm going crazy with this stupid HOA law in NC and I am glad we are not raising our kids there. I researched alot of court cases about Fair debt collection, etc. When I presented them to the HOA's lawyer, he charged me a fee for responding to me. What an A#SH*&E!!I don't have the balance-I have exhausted all outlets for money-I'm okay mentally with just saying see ya with the whole thing! it's hard to admit defeat though. I'm sure I'm not the only one in NC with a crappy HOA so any help or advice would be appreciated. Thank you so much.
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