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Message

re: Woman loses home after HOA auctions nearly $500K home for $30K

Posted on 7/24/18 at 1:25 pm to
Posted by lsu13lsu
Member since Jan 2008
11842 posts
Posted on 7/24/18 at 1:25 pm to
quote:

How does a lender make a loan in a scenario where this can happen?


I imagine HOA dues are escrowed in a state like Nevada. In Louisiana HOAs do not have this much power.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
21240 posts
Posted on 7/24/18 at 1:25 pm to
quote:

No doubt HOAs can be scummy and have a bad name... but things like this don't just happen. They only happen after years of nonpayment, attempts to collect, legal notices, legal action, etc.
Yeah, she definitely screwed up here. Can't deny that.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41660 posts
Posted on 7/24/18 at 1:27 pm to
quote:

HOAs always start out as a way to preserve the value of homes in a subdivision. They end up at some point devolving into a pissing contest for busy-bodies that have free time on their hands to have a say in everyone's business. Most of the time it is less about preserving quality of life and more about suing each other over the pettiest shite known to man. The power is too large for that type of person with a Napoleon complex and too much time on their hands. Most sane people are busy raising a family and working to care about a person parking on their grass or how tall a storage building is.


The smaller the "government body" the more petty and powerhungry the officers are.

It's why St Bernard is more corrupt than Jefferson, Harahan is more corrupt than St Bernard, Grand Isle is more corrupt than Harahan, HOAs are more corrupt than Grand Isle, etc.
Posted by ElderTiger
Planet Earth
Member since Dec 2010
7878 posts
Posted on 7/24/18 at 1:38 pm to
People should stop ignoring the 50 page HOA agreement that comes with their new house. Nobody is forcing you to agree to it.

This should be a must. Some of the covenants that are in place can be crazy. Further, they were put in by developers to sell the initial project. Years later the covenants are still in place, the developers are down the road and the original homeowners are long gone. Add in a slate of goofy HOA officers and it gets totally out of hand.
I hate new laws with a passion but there should be a requirement that a potential buyer should have someone go over the covenants before closing to make sure there are no surprises after they move in.

And may I add....” F” HOAs. !!!!
Posted by slackster
Houston
Member since Mar 2009
91873 posts
Posted on 7/24/18 at 1:39 pm to
quote:

How does a lender make a loan in a scenario where this can happen?


Loans owned by Fannie Mae and Freddie Mac cannot be pre-empted by the HOA liens, for starters.

Also, the people that buy these homes pick them up well under market value because they're likely to be tied up in court for a while.
Posted by dgnx6
Member since Feb 2006
91606 posts
Posted on 7/24/18 at 1:41 pm to
quote:

Right.

Personal responsibility is going away these days. She agreed to these terms and went above and beyond to frick her own situation up.


I'm with you, this is her fricking fault. Not some mean old dudes in charge of the HOA.

Posted by slackster
Houston
Member since Mar 2009
91873 posts
Posted on 7/24/18 at 1:43 pm to
quote:

I imagine HOA dues are escrowed in a state like Nevada. In Louisiana HOAs do not have this much power.


I don't believe they are, but I could be wrong.
Posted by lsu13lsu
Member since Jan 2008
11842 posts
Posted on 7/24/18 at 1:48 pm to
quote:

the people that buy these homes pick them up well under market value because they're likely to be tied up in court for a while.


I would bet that the bank still has a lien on it as well as many other debtors. They paid $30K on it but they probably don't have clean title. I don't think you can just magically auction a house and remove all liens.
Posted by LoveThatMoney
Who knows where?
Member since Jan 2008
12784 posts
Posted on 7/24/18 at 2:00 pm to
While that's terrible, she should have told the HOA she was selling her house and had engaged a realtor to do so. I've never met a creditor that wants the actual collateral. Particularly an HOA.
Posted by LoveThatMoney
Who knows where?
Member since Jan 2008
12784 posts
Posted on 7/24/18 at 2:04 pm to
quote:


I would bet that the bank still has a lien on it as well as many other debtors. They paid $30K on it but they probably don't have clean title. I don't think you can just magically auction a house and remove all liens


It goes away if it's sold at a tax lien auction.
Posted by lsu13lsu
Member since Jan 2008
11842 posts
Posted on 7/24/18 at 2:08 pm to
quote:

It goes away if it's sold at a tax lien auction.


Damn, the government got the strongarm!
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41660 posts
Posted on 7/24/18 at 2:21 pm to
quote:

It goes away if it's sold at a tax lien auction.


I don't think an HOA lien is a tax lien.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41660 posts
Posted on 7/24/18 at 2:27 pm to
Let it also be said that if the woman really was going through a short sale, the bank should have been well aware of the potential exposure. My guess it the barely above min wage clerk at the servicing company HQ dropped the ball here big time, or did not know what they were doing.

Let it also be said that the super lien - where a few months of dues can prime a first mortgage - is an absurd concept.
Posted by redbaron
Member since Aug 2011
764 posts
Posted on 7/24/18 at 2:28 pm to
I'd like to know how this woman got the house in the FIRST place.

I started off feeling sorry for the woman. But now I'm wondering if her situation was like many of the high-risk loans that caused housing bubble to burst 10 years ago.
Posted by 632627
LA
Member since Dec 2011
15403 posts
Posted on 7/24/18 at 2:29 pm to
so, just to be clear, whomever picked it up at auction did not buy it with a clear title, will have to pay whatever back taxes and such are owed, thus the $30k sale price (in addition to whatever dilapidated condition the home might be in)
This post was edited on 7/24/18 at 2:41 pm
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 7/24/18 at 2:31 pm to
quote:

They paid $30K on it but they probably don't have clean title. I don't think you can just magically auction a house and remove all liens.


Probably why they only paid $30k. If the mortgage company has a lien on the property title wont be clear until that goes away. He eseentially bought the mortgage at that point.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41660 posts
Posted on 7/24/18 at 2:37 pm to
quote:

so, just to be clear, whomever picked it up at auction did not buy it with a clear title, thus will have to pay whatever back taxes and such are owed, thus the $30k sale price (in addition to whatever dilapidated condition the home might be in)



It depends upon the rules of the state. If super liens are allowed in the state and are set up the proper way, those would be paid off first. The balance would go to the first mortgage, but then the remaining mortgage would be cleared.

So let's say 30K... the HOA super is 5K... they get 5K... the bank gets 25K... all liens are removed.
Posted by Steadyhands
Slightly above I-10
Member since May 2016
7204 posts
Posted on 7/24/18 at 2:53 pm to
quote:

Glad she has a Mercedes with after market rims in the driveway


She's also got, well had, a 500k house... probably had the car for years as well. Should have sold both and within months after hard times.
Posted by 632627
LA
Member since Dec 2011
15403 posts
Posted on 7/24/18 at 3:03 pm to
quote:

Should have sold both and within months after hard times.


she was underwater on that car the moment she took possession of it. No point in selling the car while having her credit go to shite with the house.
Posted by MLCLyons
Member since Nov 2012
4793 posts
Posted on 7/24/18 at 3:11 pm to
HOAs are fricking awful.
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