HOA more superior than Mortgage???

[pelicula]

pelicula
Registered User



Join Date: Dec 2009
Posts: 6 Hello,
I'm in south FL.
BK CH7 discharged in March 09.
I live in a condo unit that was surrendered in BK.
The bank BoAmerica (previously Countrywide) served us w/Lis Pendis last night.
The HOA has also bagan forclosing on the unit.
Can the HOA forclose faster than the mortgage and take our unit.
What will happen to the Mortgage Bank??
How do they get their collateral back from us??

PLEASE EXPLAIN


Thank you


PS. HOA did not have a lien on the unit because I paid their fees up untill filing.
They just filed a lien 1 month ago

[sofarsogood2]

HOA lein is usually(although not always) inferior to mortgage. Real estate taxes, though, get priority after the sale. I think the new owners may have to satisfy that lein.

[desertgrl74]

An HOA can start foreclosure? How is that? I haven't even heard anything from my HOA at all and I haven't paid a fee for several months. They haven't issued a lien or anything. My bk was discharged in December 09. I'm still waiting to hear something from the lender. And still nothing. My mortgage was discharged as well. So, I'm wondering if an HOA can start....that would be great to get things rolling.