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.
They are suing me to foreclose on the property. Isn't this double jeopardy. The house was the only asset in the probate. Do I have any recourse to stop the foreclosure
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?
@Lisa Rains I would call the HOA attorneys and try to work out a repayment plan. Yes, they can take the home.
It’s not mom’s debt, it’s the property’s debt.