Can I pay association fee to prevent new foreclosure

[Tim Shapiro]

I bought on sheriff sale condo. (mortgage). A month later, I saw in county resorts that the owner did not pay the association fee and association start the new process of foreclosure . Question: Can I pay association fee to prevent new foreclosure (State Minnesota)?

[Mindy Jensen]

@Tim Shapiro , the HOA doesn't want to own the property, they just want their dues. Contact them immediately, tell them what you told us, get a payoff amount and go from there.

[Roman M.]

You should pay it unless there is a State Statute that wipes out condo fees in mortgage foreclosure

[Tim Shapiro]

Originally posted by @Mindy Jensen:

@Tim Shapiro , the HOA doesn't want to own the property, they just want their dues. Contact them immediately, tell them what you told us, get a payoff amount and go from there.

 I wanted to pay, but the association

said, since I am not the owner, they can not accept money from me.

[Tim Shapiro]

Originally posted by @Roman M.:

You should pay it unless there is a State Statute that wipes out condo fees in mortgage foreclosure

I wanted to pay, but the association

said, since I am not the owner, they can not accept money from me.

[Roman M.]

if you have the deed how can you be not the owner. Threaten them with the State complaint. If doesn't work call an attorney to assist you in putting them in a right place. 

[Mindy Jensen]

@Tim Shapiro , how are you not the owner if you bought it at auction? 

[Tim Shapiro]

Originally posted by @Mindy Jensen:

@Tim Shapiro , how are you not the owner if you bought it at auction? 

No, I only holder the certificate sheriff sale.

.

[Wayne Brooks]

@Tim Shapiro We don’t know the process in MN.  When do you get actual title to the property. 

I just googled it....you got a “certificate of sale”, similar to our Certificate of Title in a foreclosure.....here, that IS your deed, you are the owner.  You have to record it though.   Ask the condo association what they’re interpretation is. 

[John Woodrich]

@Tim Shapiro pay an attorney to help with this.  Message me if you need a contact.

[Tim Shapiro]

Originally posted by @Wayne Brooks:

@Tim Shapiro We don’t know the process in MN.  When do you get actual title to the property. 

I just googled it....you got a “certificate of sale”, similar to our Certificate of Title in a foreclosure.....here, that IS your deed, you are the owner.  You have to record it though.   Ask the condo association what they’re interpretation is. 

 I did record in county , but I  don't have full right  on the property

[Tim Shapiro]

Originally posted by @John Woodrich:

@Tim Shapiro pay an attorney to help with this.  Message me if you need a contact.

 Thank you. I will be grateful for contact

[Ryan Dossey]

Money Order With A Letter With the Account # stating what it's for? 

[Andy Mirza]

@Tim Shapiro Each state is different in how it handles HOAs and the dues that are owed to them. In general, you should only be responsible for the HOA dues from the day you take ownership. In super lien states, you may owe the HOA a certain amount in HOA dues but there's usually a cap. Even in non-super lien states, 90% of the time, the HOA will still try to get me to pay HOA dues owed by the previous owner. Either they're ignorant or they've successfully bullied others into paying. They give up quickly when you know the law.

Get the help and advice from a knowledgeable attorney if you can't figure out a solution directly with the HOA.

[Tim Shapiro]

Originally posted by @Andy Mirza:

@Tim Shapiro Each state is different in how it handles HOAs and the dues that are owed to them. In general, you should only be responsible for the HOA dues from the day you take ownership. In super lien states, you may owe the HOA a certain amount in HOA dues but there's usually a cap. Even in non-super lien states, 90% of the time, the HOA will still try to get me to pay HOA dues owed by the previous owner. Either they're ignorant or they've successfully bullied others into paying. They give up quickly when you know the law.

Get the help and advice from a knowledgeable attorney if you can't figure out a solution directly with the HOA.

 Thanks

[Chad U.]

Originally posted by @Andy Mirza:

@Tim Shapiro Each state is different in how it handles HOAs and the dues that are owed to them. In general, you should only be responsible for the HOA dues from the day you take ownership. In super lien states, you may owe the HOA a certain amount in HOA dues but there's usually a cap. Even in non-super lien states, 90% of the time, the HOA will still try to get me to pay HOA dues owed by the previous owner. Either they're ignorant or they've successfully bullied others into paying. They give up quickly when you know the law.

Get the help and advice from a knowledgeable attorney if you can't figure out a solution directly with the HOA.

Same here, every HOA tries to get anything they can from the new owner after foreclosure. In Florida, as a 3rd party bidder, you have to suck it up and pay the entire back dues. However, most other states it's generally only dues owing after you take title. A few states is anywhere from 3 to 6 months of back dues.

I would recommend pulling the condo's Covenants, Conditions & Restrictions (CCR's - essentially their bylaws) from the county records, which generally indicate who's responsible for dues in event of foreclosure. I had one recently where the HOA tried to nab us for 4+ years worth of dues. Once I pulled the CCR and pointed out the clause to their HOA attorney that we were only responsible for dues after taking title, they released their claim.