Prior to the foreclosure crisis, if a homeowner fell behind
in their condo or homeowner association maintenance payments, the association
filed a lien which the unit owner almost always paid, plus interest, late fees
and attorney fees, to save their home.
The lien was paid because the owner did not want to lose her home. After the foreclosure crisis many homeowners
saw they were losing their homes, making the failure to pay maintenance less
threatening.
It became a trend in community association law that associations
began foreclosing liens. When the association
foreclosed the unit still carried the unpaid mortgage. The associations were in a position where
they were not receiving the necessary revenue to maintain the common property
and those members who paid were suffering due to the owners who were not, because
the payors were footing the bill.
By completing their foreclosure before the bank who held the
mortgage the association could take the unit and rent it to pay itself back the
money it was owed.
For purposes of example, let us say the condominium is worth
$75,000. The association is owed
$15,000. At the end of the foreclosure
the association has a judgment for $15,000.
That is the first bid.
Enter the scammers, companies who find people who have
$15,000 cash and tell them they can purchase a $75,000 condo for $15,000 cash,
what a bargain! What did the company
leave out? The fact there is a
$250,000 first mortgage sitting on this property, also in foreclosure.
The result is you have a saver who managed to put together
at least $15,000 to buy a home. She
thinks she got a bargain. The scamming
company gets a fee. The saver moves into
her new home and starts fixing it up.
Six months later she realizes she is going to lose her new home to
foreclosure. The scamming company lied
to her.
It’s such a bummer to pay a lawyer to tell you that dream
you have will not work, but it’s better than saving your money and losing
it. If it sounds too good to be true….
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