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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] See the Thaler vs Household Finance case... Posted by Ward-CA on July 13, 2010 at 0:44 AM In Reply to: HOA lien priority posted by Mark Ackrich on July 08, 2010 at 8:29 AM Mark, No, the current authority on the issue of the priority of an HOA lien was established in year 2000 by an appellate court case [Thaler vs Household Finance]. The ruling in that case, in favor of Household Finance, established the rule that HOA liens acquire their priority, like most other liens, as a consequence of when the HOA lien was recorded. Hope this helps, Ward ===================== : Dear Ward : As a former trainee of yours, way back in the late 90's, I think I have a pretty good understanding of california's foreclosure law. Recently someone told me that HOA'S in california got a new law pasted which allows them to have lien priorty senior to any recorded deed of trust. : Now, having lived in Hawaii for many years, I know HOA's do have this privilage but only to a max. of $1800.00. : At the time foreclosure sale/auction the winning bidder must pay this $1800.00. : Does CA have a similar law on the books now? : Give my best to Norise and Eric : Mark : Thanks for everything Ward!! Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Mark, : No, the current authority on the issue of the priority of an HOA lien was established in year 2000 by an appellate court case [Thaler vs Household Finance]. : The ruling in that case, in favor of Household Finance, established the rule that HOA liens acquire their priority, like most other liens, as a consequence of when the HOA lien was recorded. : Hope this helps, Ward : ===================== : : : Dear Ward : : As a former trainee of yours, way back in the late 90's, I think I have a pretty good understanding of california's foreclosure law. Recently someone told me that HOA'S in california got a new law pasted which allows them to have lien priorty senior to any recorded deed of trust. : : Now, having lived in Hawaii for many years, I know HOA's do have this privilage but only to a max. of $1800.00. : : At the time foreclosure sale/auction the winning bidder must pay this $1800.00. : : Does CA have a similar law on the books now? : : Give my best to Norise and Eric : : Mark : : Thanks for everything Ward!! [ 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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