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Hello, looking for help! A paid-off property in my family was foreclosed on by an HOA, without due notice. We received an eviction notice from the ‘new owners’ yesterday when we stopped by to check on the empty place that is being shown. We have such little time and any help would be so appreciated.
My Grandmother lived in and bought her condo 15 years ago with cash. Grandma died in 2010.
Her son, my father, was the Power of Attorney in charge Grandma’s estate. Dad was diagnosed with cancer in 2008. When he received notification from the HOA that Grandma’s property would be in foreclosure due to owing one years worth of HOA fees, he was weeks away from passing and was not coherent, so no one knew this was happening. The HOA says his spouse signed for the paperwork, as she was with him along with his children, providing hospice care to him in his home. Dad died in February, 2011.
In about January, 2011, the condo was placed on the market by my father, and was being shown to many potential buyers.
After dad’s death, my sister became the Personal Representative of Grandmas estate in June, 2011. This was after the first notice was sent in February, but before the foreclosure auction of the property which happened a few weeks ago. My sister was not aware that any fees were due, and was not receiving any correspondence from the HOA, because it was being sent to my dead father (The HOA personally knew my father and was aware both he and my grandmother had died).
My sister continued with the same realtor and proceeded to show the property through all of this. The buyer as well as the condo community came into the apartment, saw it was being shown, also used Open Houses from our own realtor, listed it themselves, then finally auctioned it off, all without every telling the realtor that frequently would talk to them as she came into the building to show the unit.
On August 31st, we discovered a note on the unoccupied unit saying there was a 3-day notice to evict. While we are inside reading the letter, someone uses keys and enters the condo stating that he is the new owner, and that he has purchased this unit a few weeks ago at a foreclosure auction. He looks shocked and nervous to see anyone in the apartment, and asks “Are you showing this unit?” We are clearly stunned…I believe they were hoping no one would come by the unit for those 3 days, but it was a huge coincidence we stopped by.
This man begins to try and bargain with us…he wants to “make us a deal” or “work something out” or “bless this sale” or that he is willing to take $10,000 for his time. He was trying to wheel and deal after he had legally purchased a property and seemed incredibly suspicious and nervous.
Obviously, the HOA took the fees owed to them and placed the small amount that was left from the dirt-cheap sale into a trust account for the estate. We have no idea how to proceed and need help quickly. Someone told us that because someone signed for papers in February, that we have no case. But it seems to me as if there was absolutely no other attempted correspondence, and that the realtor was purposely not notified, and that my sister was not at any of the hearings, that something illegal took place in the crazy world of HOA foreclosure.
Please – any direction to Colorado laws on this, articles, or advice will be so so so appreciated. Thank you.
I don't live in Colorado but I can tell you that you need to discuss this with an attorney. I have a feeling you will find that there's nothing you can do about this but an attorney can advise you best. See if you can find one who will give you an initial meeting without charging you.
Notice of Election and Demand go to the "official" owners and to the property itself. Who was getting the mail at the property?
I second that it's attorney time. You may get the sale rescinded due to probate. Didn't anyone officially tell the HOA where to send the new bill? Didn't anyone think about paying the HOA?
No HOA would discuss this with a Realtor. Only owners.
At our property management office, we get things from HOAs all the time that are addressed to people who USED to own houses we manage. Someone else bought the house, and never notified the HOA. Happens all the time. It is the new owner's responsiblity to notify the HOA of a change in ownership, including when the father died. With no other information provided, they were probably right to continue to send to him, even knowing he was deceased, assuming that someone (usually the estate or trustee) must be getting that mail, so that is probably considered legal service.
They may also have run the foreclosure notice in the newspaper. I think that is normal procedure, and that is considered due notice as well, I think.
So it's OK in your mind to have the other owners in the complex foot the bill for Gen331?
I just cannot imagine no one thinking about the HOA fees!!
I don't get the spouse that signed for the documents, but didn't open them? Usually if you sign for things they are considered important.
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That really...which Colorado HOA did this?
