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Washington Real Estate Q&A Discussion Forum

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Ruth Bayang
  • Investor
  • Kent, WA
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HOA Super Lien

Ruth Bayang
  • Investor
  • Kent, WA
Posted Sep 3 2015, 23:35

Washington is a Super Lien state? I just heard this.

Can HOAs lien and foreclose on unpaid dues ahead of the first mortgage holder?
Please school me on this.

Has anyone here on BP acquired a property by buying off an HOA lien? Do you face the same challenges as you might when you buy tax deeds? i.e. difficulty getting title insurance? Is a quiet title lawsuit needed? Does any WA attorney here on BP specialize in quiet title actions?

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Bryan R.
  • Tacoma, WA
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Bryan R.
  • Tacoma, WA
Replied Sep 4 2015, 10:29

It can actually get a little complicated in Washington depending on which act the structure falls under and what the procedural history is.

Most commonly though the HOA's CC&Rs include a clause subordinating HOA liens to a lender's mortgage.

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Scott Morris
  • Wholesaler
  • Kennewick, WA
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Scott Morris
  • Wholesaler
  • Kennewick, WA
Replied Nov 27 2015, 08:29

Some more info on this.  As Bryan said, it can be complicated.

http://www.reapsweb.com/hoa-foreclosure-auctions-let-the-buyer-beware/?reapsweb/XHhk_(REAPS_-_Real_Estate_Association_of_Puget_Sound)

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