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How successful would it be to try to foreclose our lien against the property and get the bank to pay our attorney fees?
Anonymous2 views1 answers
My situation is: I'm President of a condominium HOA and the bank has foreclosed on a unit and bought it back at auction, almost 3 yrs ago. They have since refused to pay HOA dues to us. We have a lien against the property and wish to foreclose our lien. I have been in repeated contact with Wells Fargo, but they feel they are not responsible for HOA dues or late fees.
You should likely get and/or ensure proper authority to act on behalf of the HOA, and then consult with an attorney to review the situation and analyze your rights, remedies, and the likely success of collecting. It is possible that your claims against this home owner could provide you the basis to seek not only a judgment of the amounts of any balance deficiency, but also of costs and attorney fees in pursuing the claims.