Can an HOA forclose a property after creditors claim was denied

6 Replies

I live in my mom's house. My moms HOA filed a creditors claim against my moms estate and it was denied. The HOA is trying to foreclose on the amount that was denied by the courts. Are they allowed to do this? It seems like double jeopardy to me

This would be state specific but generally probate court procedures/rulings have no bearing on civil cases. Double jeopardy only applies to criminal cases. I would bet they have every right to foreclose so I’d figure out how to resolve it.

Those dues/assessments are eventually getting paid because they are liens, not personal debt. All the denied claim against the estate did was confirm that the estate is not going to pay them.

@Lisa Rains The back HOA dues are going to get paid one way or another, there is no out without paying. The foreclosure will be a lien on the property including all legal cost and associated fees. You will not be able to sell, refinance, or get a HELOC on the property without it getting paid off, if you sell the property, without the amount of the lien getting paid off. Your HOA Bylaws should outline the authority to lien the property.

They already placed a lien now they are trying to foreclose.  If I cant pay the fees can they get me out of my house and leave my family and I homeless.  Can the judge order payment arrangements? How am I responsible for my moms debt?