[WSBARP] Condo HOA Lien Foreclosure

[Jim Doran]

The rabbit-hole continues.  Thank you.  If I can't find this case I will get
back to you.

 

Thanks,

 

James R. Doran

Attorney at Law

100 E. Pine Street - Suite 205

Bellingham, WA 98225

(360)393-9506

 <mailto:jim at doranlegal.com> jim at doranlegal.com

www.doranlegal.com

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, February 24, 2015 3:46 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Condo HOA Lien Foreclosure

 

I meant to cite to BAC Home Loans Servicing, LP v Fulbright, a June 2014
opinion

I don't have the actual cite at my fingertips, but it reversed a court of
appeals decision that clarified Summerhill, and incorporated revised
redemption statute language

 

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>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, February 24, 2015 3:24 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Condo HOA Lien Foreclosure

 

I will look these over for my education.  But I can tell you that
CitiMortgage was not named in the lawsuit or the Court Order, so I think my
guy is out of luck.

 

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> 

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kathryn R. McKinley
Sent: Tuesday, February 24, 2015 2:54 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Condo HOA Lien Foreclosure

 

Actually, if the condominium was formed under the Washington Condominium
Act, the COA may have a super priority lien over CitiMortgage for
assessments in the 6 months preceding foreclosure. See Summerhill Village
Homeowners Association v. Roughly. I believe it is a 2012 case. 

 

 

Kathryn R. McKinley

Of Counsel


717 W. Sprague Ave. Suite 1200
Spokane, WA 99201
(509) 455-6000

 <mailto:kathryn.mckinley at painehamblen.com>
kathryn.mckinley at painehamblen.com

 

This message is private or privileged. If you are not the person for whom
this message is intended, please delete it and notify me immediately, and
please do not copy or send this message to anyone else. 

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rich Holland
Sent: Tuesday, February 24, 2015 2:32 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Condo HOA Lien Foreclosure

 

That is awesome, but I doubt it.  Look at the governing documents of the
Condo.  They almost ALWAYS subordinate COA liens to the first mortgage.

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto: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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