[WSBARP] Condo HOA Lien Foreclosure

[John McCrady]

There is a "super priority" attached to six months of certain assessments.
See RCW 64.34.364 (3) and the recent Summerhill Village Homeowner's Association case.  It has a good explanation of the issues

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, February 24, 2015 1:46 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Condo HOA Lien Foreclosure

I do not do much condo work so here is a question for you all.

The condo owner did not pay his HOA dues and a sheriff's sale was done.  The purchaser at the sheriff's sale has brought in a quote from somewhere saying that "in some states" the HOA liens are considered "super priority liens".  The quote further says that if the HOA forecloses the super line, such as in this case, it may eliminate the first mortgage.  In this case CitiMortgage has a $60,000 mortgage.

Does the foreclosure and Sheriff's Sale brought by the HOA for dues eliminate the CitiMortgage underlying DOT and Note?

Thanks.

(My instincts say "No, it does not".)

James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

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