Re: Legal Eagles....Need your input!

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Posted by EDWIN on November 19, 2009 at 15:08:32:

In Reply to: Legal Eagles....Need your input! posted by acw on November 19, 2009 at 09:45:21:

Your idea: What if i give a mortgage to a company or trust (that i control) that allows me to thrwart the HOA's interest by circumventing their position. If they place a lien, they would not be able to gain complete control of the property because of the first mortgage.

I have no idea if HOA dues and fees have the right to be a superior lien to any mortgage you placed on the property. I'd get that question answered first. I once bought a property at foreclosure where I found out there was an unpaid city utility bill. I got stuck paying that, but that's probably because taxes and utilities generally seem to have superior lien rights over mortgages. Foreclosing does NOT wipe them out.

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