[WSBARP] Condo HOA Lien Foreclosure

[swhite8893 at aol.com]

You will need to look at the court file. The underlying was only discharged if CitiMortgage was properly made a party and the court order provides for it. That may well not discharge the note but only operates to eliminate the security interest in the unit of units named in the suit.
 
Steve
 

Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com

 
 
-----Original Message-----
From: Jim Doran <jim at doranlegal.com>
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Sent: Tue, Feb 24, 2015 1:47 pm
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
  
www.doranlegal.com
  
 
 


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