Unpaid HOA Fees During Foreclosure

[kellysgear]

Hey everyone! I'm located in California and have a brief question regarding unpaid HOA fees during foreclosure. I intend to vacate my property as I've gotten a job in another city, and the bank is currently foreclosing on my home. I'm wondering if I must pay my HOA fees until the home is sold in foreclosure. I know I'm technically responsible for the fees but looked in my CC&Rs and read this clause, which I don't entirely understand:

" (G) Foreclosure Eliminates Unpaid Assessments. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by cirtue of foreclosure of the mortgage or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such holder comes into possession of the Lot, except for claims for a pro rate share of such Assessments of charges resulting from a pro rata reallocation of such Assessments or charges of all Lots, including the mortgaged Lot. "


I don't suspect so, but does this mean the slate is wiped clean at foreclosure?

 

[Zigner]

Hey everyone! I'm located in California and have a brief question regarding unpaid HOA fees during foreclosure. I intend to vacate my property as I've gotten a job in another city, and the bank is currently foreclosing on my home. I'm wondering if I must pay my HOA fees until the home is sold in foreclosure. I know I'm technically responsible for the fees but looked in my CC&Rs and read this clause, which I don't entirely understand:

" (G) Foreclosure Eliminates Unpaid Assessments. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by cirtue of foreclosure of the mortgage or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such holder comes into possession of the Lot, except for claims for a pro rate share of such Assessments of charges resulting from a pro rata reallocation of such Assessments or charges of all Lots, including the mortgaged Lot. "


I don't suspect so, but does this mean the slate is wiped clean at foreclosure?

No, this means the assessments, etc., don't transfer with the property - they are still your responsibility.

 

[adjusterjack]

does this mean the slate is wiped clean at foreclosure?

For the mortgage company, not for you.

You have a separate obligation to the HOA for those fees for which you can be sent to collections and/or sued.