[WSBARP] Condo HOA Lien Foreclosure

[Valentine, Gretchen (TRGC)]

Thanks so much, George.  I did write it down this time!

Have a good evening,

Gretchen



Gretchen Valentine
VP and NW Regional Underwriting Counsel
Title Resources Guaranty Company
14450 NE 29th Place, Suite 100
Bellevue, WA 98007
425-896-3836 (direct)
425-451-7301 (office)
206-962-7744 (cell)
gretchen.valentine at titleresources.com
________________________________
From: wsbarp-bounces at lists.wsbarppt.com [wsbarp-bounces at lists.wsbarppt.com] on behalf of Jim Doran [jim at doranlegal.com]
Sent: Tuesday, February 24, 2015 3:57 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Condo HOA Lien Foreclosure

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
jim at doranlegal.com<mailto: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
[PHEmailLogo]
717 W. Sprague Ave. Suite 1200
Spokane, WA 99201
(509) 455-6000
kathryn.mckinley at painehamblen.com<mailto: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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