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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] HOA Lien Release Posted by Geri J on May 20, 2009 at 2:07 PM I have been an enthusiastic lurker here for awhile. I intend to take Ward's course in June, but I have an immediate issue. Want to see if anyone has had the same issue before. When I purchased a property at trustee sale there was an HOA lien for unpaid dues and assessment. According to the HOA CCRs, this lien is subordinate to foreclosure on the 1st trust deed. So, when I recorded Trustee Deed it should be null and void. There is no issue with the HOA, they recognize that their lien is no longer valid with the foreclosure and they are not trying to collect the delinquency. The problem is with title company as I go to get title insurance for the buyer of the property. They are requiring that the HOA record a Release of Lien. The HOA refuses to record a Release of Lien because they were not paid and their lawyer indicates that they have no requirement to record a Release of Lien. It seems to me that this would be the same situation for all kinds of 2nd or 3rd lien holders after a foreclosure. Why is title requiring a release of lien when everything was wiped out by foreclosure? Any ideas on how to get the release recorded, if it is required? Follow Ups: Re: HOA Lien Release Geri 2:10 PM, 05/20/09 (4) Interesting but can you give a little more info? BIG 4:05 PM, 05/20/09 (3) Re: Interesting but can you give a little more info? Rick, the Probate Guy 4:45 PM, 05/20/09 (1) Re: Interesting but can you give a little more info? Geri 10:17 AM, 05/21/09 (0) Re: Interesting but can you give a little more info? Geri 4:16 PM, 05/20/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : I have been an enthusiastic lurker here for awhile. I intend to take Ward's course in June, but I have an immediate issue. Want to see if anyone has had the same issue before. : When I purchased a property at trustee sale there was an HOA lien for unpaid dues and assessment. According to the HOA CCRs, this lien is subordinate to foreclosure on the 1st trust deed. So, when I recorded Trustee Deed it should be null and void. There is no issue with the HOA, they recognize that their lien is no longer valid with the foreclosure and they are not trying to collect the delinquency. : The problem is with title company as I go to get title insurance for the buyer of the property. They are requiring that the HOA record a Release of Lien. The HOA refuses to record a Release of Lien because they were not paid and their lawyer indicates that they have no requirement to record a Release of Lien. It seems to me that this would be the same situation for all kinds of 2nd or 3rd lien holders after a foreclosure. : Why is title requiring a release of lien when everything was wiped out by foreclosure? Any ideas on how to get the release recorded, if it is required? [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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