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If a bank forecloses on a house,

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 07:49 PM
Original message
If a bank forecloses on a house,
Why would they list the Homeowner's Association as a co-defendant? Is it because the unpaid Association fees are part of the lien?
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Fresh_Start Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 07:56 PM
Response to Original message
1. there may also be assessments
from the Association for example common facilities or improvements like street lighting
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virgogal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 08:02 PM
Response to Original message
2. In MA the Homeowners Assoc. or Condo Assoc. gets the money owed to
them before the bank gets anything when it sells the property.
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 08:23 PM
Response to Reply #2
4. If so, then they would be a plaintiff, rather than a defendant
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virgogal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 09:05 PM
Response to Reply #4
5. Gotcha! Obviously my legal knowledge is minimal.
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 08:21 PM
Response to Original message
3. In this case, 'co-defendant' would mean the bank is suing them too
Edited on Wed Feb-03-10 08:26 PM by guruoo
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 09:28 PM
Response to Reply #3
6. Yes, but why?
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-04-10 01:15 AM
Response to Reply #6
8. No idea!
:shrug:
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yodoobo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-03-10 09:33 PM
Response to Original message
7. They sue everyone who has an interest in the property
including any utilities that might hold an easement.

HOA's have an interest because they have yearly revenue.

I think it has to do with making sure that any claims the HOA has on the property become secondary to the banks claims.

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