Can An HOA For One Property Put A Lien An A Different Property?
Say I own 4 condos, let them get foreclosed on. The HOA sued for around $5K, once they get their judgement, can they look up, see I own a different property in a different county, and put a lien on it for the $5K?
Thanks.
Yes they can.
With a judgment in hand, a judgment creditor can garnish your wages, seize your bank accounts, levy your brokerage account, and put a lien on any other property you may own. If your other properties are rentals, the judgment creditor can also intercept your rents.
I would also say that it depends on how you owned the condos. If owned in your personal name then anything you own personally could be attached by a judgement. If in a corp or llc then only things owned by the corp or llc could be attached and not personal stuff.
I have never heard of an hoa pursuing an owner beyond a lien on the delinquent property.
newkid, my point was the chronology presented in the original post.
"... foreclosed" If the condo has been foreclosed, and ergo the poster is no longer own then, can a lien be granted?
It is back HOA dues from before it was foreclosed on. They were foreclosed on July 15 2008, and have a lawsuit in the works (just served) for the money. There is one other property owned in that state in the same name, and 2 other properties owned in a state far away. The bank accounts this person has (my relative) is under the impression since his bank accounts are joint but the debt is not joint, they cannot garnish his bank account.
He has no income (retired).
I would check the state law if the HOA has standing. CA is very pro owner
I did some quick research this AM, this is the Indiana law..
IC 32-28-14-5
Homeowners association lien; notice of lien requirements
Sec. 5. (a) All sums assessed by a homeowners association but unpaid for the share of the common expenses chargeable to an owner of real estate in a subdivision constitute a homeowners association
Note the key "owner of real property..." our original poster is not an owner any longer.
cj,
You are ignoring the fact that the HOA has sued and was awarded a judgment. Now that the HOA is a judgment creditor, it has much more flexibility in pursuing collection.
see the original post... "once they get their judgment", also, if the Judge/small claims commissioner is ignorant of the law, the suit may be invalid.
All I am saying is do more research.
I guess I agree with Newkid. If the HOA successfully gets a judgement against the former homowner, it means they are asking for fees and expenses that they claim or allege were incurred when the defendant was a homeowner.
the judgement just states that the court agrees that person A owes the funds and must pay regardless of current home ownership status.
The lien is gone because the lien is against the ownership in real property but the deficiency judgement, if received, is against the person and remains.
JS.