HOA Leins survive a public trustee forclosure sale

[Jeremy Keefer]

We bought a condo at the Public Trustee auction. The condo was listed for sale a couple months ago, but it never sold. The listing agent told me it had a $7000.00 HOA lein. I know every state is different, does anyone know in Colorado if the HOA leins survive these sales, or are they wiped out by the foreclosure sale?

[Phillip Bicker]

Colorado is a super lien state where an HOA lien can have priority over a 1st and/or 2nd mortgage, and any other subordinate liens or judgements on the property. The lien remains with the property through the sale, so yes, you will still owe the HOA lein. You may be able to negotiate a lesser amount through the HOA, but they still have the ability to foreclose on the property to recoup was is owed on the HOA if it is not paid off. Good luck!