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Re: Help - Homeowners Assoc foeclosed my rental house!!!!!

Posted by Ward-CA- on May 30, 2001 at 3:41 PM

In Reply to: Help - Homeowners Assoc foeclosed my rental house!!!!! posted by Need help in NV on May 30, 2001 at 10:22 AM


: I am in NV and bought a rental property about 1 1/2 yrs ago. I just found out that the Homeowners Assoc foreclosed on my rental and sold it to a new owner. All this time I thought the fees were being paid in my Escrow. They sent notices to the property and the renter never told me. They also sent notices to my lender, GMAC, but they say they have nothing on file. In the mean time I stand to loose $30K in equity.

: 1) What do I do? It appears they performed this legally?
: 2) Do I have any recourse against the lender?
: 3) What do I do about my renter?
: 4) How do I keep a foreclosure off my credit record? All payments were current and paid but I cannot continure to pay on a property I don't own anymore.
: 5) Do I respond to the summons if everything looks like it was done right?

: HELP!!!!

=•=•=•=•=•=•=•=•=•=•=•=

1) Go to the HOA and tell them your story about not getting actual notice and implore them to reverse the sale based on mistake. Check your experience against Nevada Civil Code Section 21.130 to see if the notice requirements to you were met.

2) What did your lender fail to do for you, that they were required to do by law?

3) It appears your renter was remiss in not informing you of the notices sent to the property. If he has the assets you might consider suing her.

4) If you were current on all of your other liens then the only creditor that could possibly report the foreclosure would be the HOA. Ask them not to report it since you didn't intentionally avoid paying them.

If you don't own the property any more I would inform your existing lender. Tell them that through an honest mistake you lost the property due to foreclosure and inform them who the new owner is. At least you will force the new owner to pay off the 1st or assume the obligation for paying it off.

5) I don't understand what summons you're referring to.


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