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HOAs put homes with late feed up auction in TX

Discussion in 'General Chat Forum' started by redon1, May 6, 2009.

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  1. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    Villager, you made a great point; when put in the context you described, it does in fact make sense. Thanks for pointing that out to me.
     
    Mr. Linux, May 7, 2009
    #41
  2. moconnell

    moconnell New Member

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    WRONG! It's what the courts are for. To say otherwise is not fooling anyone. HOA's using a lien to get paid is a broad financial stroke to a small financial problem. HOA's should have to go through the courts like EVERYONE else who has a financial dispute with another person.
     
    moconnell, May 8, 2009
    #42
  3. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    HOA's do go through the courts. And when that doesn't work, the lien on the home is all that is left.

    If you think going through the court system usually gets the HOA's their money, you're in for a rude awakening. Once you go through the court system, you can expect things to start taking months and months to get solved. And once the home is sold, if you don't have a lien on the home and the people leave the state, you are left basically powerless. Or what if you take the owners to court and five months later, they declare bankruptcy. Do you think you'll ever see a dime of the money they owe you, including all the legal fees? Without a lien, you're left at the very bottom of the priority list of entities that can hope to get the money they are owed.

    Do you think your mortgage company will 'take you to court' if you don't pay your mortgage? Nope, they put a lien on your home. It's the best way to assure you're going to get paid.
     
    Mr. Linux, May 8, 2009
    #43
  4. moconnell

    moconnell New Member

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    If the power of lien's is given it will be abused. Lien's should have strict control on who when it is exercised with court over sight. To give HOA's almost total power on when it is used and for what amount is irresponsible. For $1,000 is abuse. That amount is reserved for the courts. The pain and suffering of the family's being forcefully removed from a home is worth well above $1,000. Especially in these times.
     
    moconnell, May 8, 2009
    #44
  5. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    Moconnell, I think you are confusing a 'lien' with 'foreclosure'....
     
    Mr. Linux, May 8, 2009
    #45
  6. flynnibus

    flynnibus Well-Known Member Forum Staff

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    Many people have the ability to file liens - why are you singling out HOAs as abusive?

    Is the contractor who you didn't pay being 'abusive' by filing a lien? Why is it any different when you don't pay your obligations to the HOA for the services and obligations you are responsible for?
     
    flynnibus, May 8, 2009
    #46
  7. Villager

    Villager Ashburn Village Resident

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    From Real Estate Lawyers.com:

    Property Lien

    Property liens are defined as a charge on property to satisfy a debt or other obligation. An owner may agree to place a lien on real property in order to obtain mortgage financing to purchase the property.

    A lien on real property may also result from a debt of the property owner that is not directly connected to the ownership of the land. Examples include:

    • Unpaid federal and state taxes, such as income tax, sales taxes, and the like, may become a lien on the taxpayer’s property if the taxing authorities follow certain procedures.
    • Depending on state law, unpaid child support may be a lien on real property.
    • The court in a divorce case may award one spouse ownership of the marital home, but grant the other spouse a lien on the property to the extent of the spouse’s interest in the property at the time of the divorce.
    If a debtor owner fails to pay a debt, and the creditor goes to court and obtains a judgment, the law usually permits the creditor to file that judgment in the land records so that it becomes a lien on the debtor’s real property. If the debtor sells the property without satisfying the lien, the lien isn’t discharged and it may still be satisfied by a sale of the property, even after it’s been sold to a new owner. In most transactions, a bank or other mortgage lender will not provide mortgage financing until all liens on the property have been removed. A worker or business supplying building materials may have a mechanics' and materialness’’ lien for the construction or improvement of real property.
    The laws governing the rights of contractors to place a lien on real property vary greatly from state to state, but they usually share some basic features. The contractor has the right to file a form (a lien claim or notice of lien) in the land records when payment is not made for materials or services provided for the improvement of real property. The claim becomes an encumbrance on the property. In some states, the contractor is required to file a notice of lien prior to commencing work on the property or supplying materials.
    Remember any unpaid debt could be filed as a lien against your property. If left unpaid, interest may be continually compounding.
     
    Villager, May 8, 2009
    #47
  8. Villager

    Villager Ashburn Village Resident

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    Thanks for not being offended! I think the plain fact is that many people do not take their debts seriously.
     
    Villager, May 8, 2009
    #48
  9. redon1

    redon1 aka Aphioni

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    Gee, I guess the moral of the story is:

    - PAY YOUR BILLS.
    - LIVE WITHIN YOUR MEANS.
    - SAVE FOR A RAINY DAY.
    - LIVE ON A BUDGET.

    If you cannot do 1 thru 3 above-
    - STAY THE HE** OUTTA TEXAS!
    :happygrin:
     
    redon1, May 8, 2009
    #49
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