Is HOA Responsible for upkeep on foreclosure?

[aiwei]

I have 2 suggestions, besides helping keeping the weeds from overgrowing:

Watch out for the green pool: if there is a pool, you may report it if it turns green. Whoever owns the property will have to deal with the city/ county about the cost of cleaning it up after that.

Watch out for the phone books, newspapers, ads on the door knobs and such: stuff like these laying around the front of house screams "vacant home!" If you and your neighbors pick them up as much as you can, you could prevent this house being broken in and having to call the police later.

[azjack]

"HOA can assess penalties against the bank per the HOA agreement and those penalties are enforceable."

Translation: the HOA can fine the banks, who probably are six figures in the hole on the property, and are therefore not exactly intimidated by some $50 fines. If the front of a house is overgrown, clean it up if it bothers you. Otherwise, you will probably be looking at the weeds, flyers for the next year or so. There are a few conscientious REO managers. A few.

[freckles1952]

I am a home owner or should I say in process of foreclosure...2 months behind and have heard it can take 3, 6 to one year for all this to happen but if I dont live there anymore who is respnsible for the upkeep of the yard mowing and also what happens if some damage is done with property while behind on mortgage and havent gotten letters yet on foreclsure and havent gotten anything on bank buying it back etc since my first time doing foreclsoure????

[MotleyCrew]

Originally Posted by freckles1952

I am a home owner or should I say in process of foreclosure...2 months behind and have heard it can take 3, 6 to one year for all this to happen but if I dont live there anymore who is respnsible for the upkeep of the yard mowing and also what happens if some damage is done with property while behind on mortgage and havent gotten letters yet on foreclsure and havent gotten anything on bank buying it back etc since my first time doing foreclsoure????

It is my understanding that you are still responsible for HOA fees and any damage to the home until the bank takes it over. I may be wrong, but that is what a former neighbor told us.

[sh9730]

Yes, until official transfer occurs to the bank - however long that takes - you are still responsible. Many have taken the approach "what do I care? My credit trashed already etc from the foreclosure".

What they find out though is that the HOAs are MUCH more of a pain about getting the money than other debts - since as stated most are in financial hurt right now. SO, to keep away the "hassle factor it may be worth it to just keep paying that HOA bill...

[Ponderosa]

Originally Posted by sh9730

Yes, until official transfer occurs to the bank - however long that takes - you are still responsible. Many have taken the approach "what do I care? My credit trashed already etc from the foreclosure".

What they find out though is that the HOAs are MUCH more of a pain about getting the money than other debts - since as stated most are in financial hurt right now. SO, to keep away the "hassle factor it may be worth it to just keep paying that HOA bill...

It's not just the dues, though. They levy fines for not taking care of the lot, then hire someone to do it and charge you. Then they come after you for all of it plus legal fees. They get a judgment against you and then garnish your pay. Don't mess with the HOA.

[KatrynS]

Note that HOAs aren't just being cheap or lazy -- just because it's abandoned doesn't automatically give them any legal right to do anything with someone else's private property! [Unless there is some language in the CC&Rs giving them the right to do the work and then bill the owner after so many warnings.] Unless they're stupid they aren't going to open themselves to that sort of liability is something gets damaged, etc. On the other hand, if you and some neighbors decide to do it on the sly, that's your choice.

[MotleyCrew]

Originally Posted by KatrynS

Note that HOAs aren't just being cheap or lazy -- just because it's abandoned doesn't automatically give them any legal right to do anything with someone else's private property! [Unless there is some language in the CC&Rs giving them the right to do the work and then bill the owner after so many warnings.] Unless they're stupid they aren't going to open themselves to that sort of liability is something gets damaged, etc. On the other hand, if you and some neighbors decide to do it on the sly, that's your choice.

Our HOA after so many letters and warnings will have their landscape people come and take care of the front yards. The owner or the bank will get a $3++ bill for services rendered. We have also had a few streets hit pretty hard and the neighborhood chipped in and cleaned up the fronts. That was a nice thing and I hope that continues.

[redjan1225]

Originally Posted by freckles1952

I am a home owner or should I say in process of foreclosure...2 months behind and have heard it can take 3, 6 to one year for all this to happen but if I dont live there anymore who is respnsible for the upkeep of the yard mowing and also what happens if some damage is done with property while behind on mortgage and havent gotten letters yet on foreclsure and havent gotten anything on bank buying it back etc since my first time doing foreclsoure????

I can speak from experience. As long as you are the legal owner of the property, you are responsible for continuing to pay your HOA dues and you are responsible for the home. This includes damage done to it, so don't cancel your homeowner's insurance. If the place burns down prior to going to auction, and you do not have insurance, you are screwed. Just because you no longer live there does not mean you are no longer responsible.

I lost a condo to foreclosure in 2009. I did not pay the mortgage on it for 15 months before it went to auction. I moved away 12 months before it went to auction and consulted a lawyer about the HOA dues and found I was still responsible for them. I continued to pay 12 months worth of HOA dues (at $248 per month, you do the math ) in order to avoid a lien. I attempted to sell the property via short sale, but two potential buyers backed out after reading the CC&Rs. I got screwed by the HOA in more ways than one.