Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 3 weeks ago

Can HOA place lien on your current property due to owed dues on a property you no longer own?

This is in WA state. 

I sold a property a couple of months back. I paid for the month it sold on in full. Once it sold (10 days before the end of the month I paid for) I notified them via email of the sale and filled out a stop payment form.

The escrow company also notified them and I paid a transfer fee. Otherwise the transaction wouldn't have gone through as they had to extinguish the mortgage on that property.

Now, 2 months later, they are coming after me for 2 months during which the property isn't even mine.

Can the HOA go after my current property which has nothing to do with the other one when I don't even own the property they manage any more?

9 Answers

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  • Who
    Lv 7
    3 weeks ago

     the fact that you no longer own the previous property has nothing to do with the lien on the property you own now

    the lien is placed on something you own when YOU owe money

    WHY they believe you owe it is the question

    YOU believe you dont owe money cos its something to do with the property you USED to own.and you already paid it

     maybe it is- maybe it isnt

     YOU need to find out the "why" -

    Just cos you sold it dont mean you didnt already owe money WHEN you sold it, but only cleared what you THOUGHT you owed -and its only now the HOA is chasing the rest of it

  • nanu
    Lv 5
    3 weeks ago

    no.........................

  • 3 weeks ago

    No they cannot charge you past the month you no longer own it.  Send them the paper work again. 

  • 3 weeks ago

    You don't owe the money, so not sure how they would place the lien. But no, they have no power to lien the new property.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      In many US states they would FIRST need to obtain a court judgement for the debt (or at lease file in court) prior to filing any lien, so you know EXACTLY what they're claiming.

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  • 3 weeks ago

    Your liability should cease the day you sold the property.

    The new owner should be responsible from that day forward.

    Send a copy of the closing paperwork to the HOA with a letter pointing out the new owner and the closing date.

    After I closed on my place, the HOA sent me a bill for back dues from before I purchased.  I sent them the HUD1 and they stopped bugging me.

  • 3 weeks ago

    No, but that doesn't mean the HOA doesn't have a valid claim for the dues.  This sort of thing occurs sometimes because people have a misunderstanding when ownership begins and ends.  Most people tend to believe ownership begins or ends on the date that you sign the deed at the closing.  In reality ownership doesn't pass until that document is recorded at the county courthouse which usually does take longer, and in some cases, even longer.  So before you dismiss the HOA, make sure the property is no longer in your name at the county courthouse.  Sometimes it can just be a clerical error too.  Good Luck.

  • Never
    Lv 7
    3 weeks ago

    Did you retain proof of cancelling?  Did you pick up the phone and tell them?

    I doubt they can put a lien on your current property as the old debt is unrelated to the new place. They can hand it to collections and could potentially sue you. But that is not happening over 2 months worth of HOA dues.  If they did, you just show up & prove the judge that you cancelled and its over.

    My HOA is not official. Everyone just chips in about $50 every year or 18 months to pay for street lights and some yard work at the entrance. Its worth it to have our street lit up to me.

    • Sky3 weeks agoReport

      I appreciate your replies. I looked up on the county treasurer's website and it appears to have been successfully officially placed under the buyers name. We will see what the HOA replies tomorrow to my email 

  • Anonymous
    3 weeks ago

    I'm going to say yes.  When you sell the property, anything that you've paid but the sellers will get use of (such as property taxes) gets a portion pro-rated back to you as a credit based on the number of days you owed the property and the number of  days they owed it.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      In theory, any creditor can "go after" any of your property, once they have a valid claim. You dispute their claim, end of story.

  • 3 weeks ago

    so you FRAUDULENTLY stopped payment?  you can be sued and it will be on your credit report.

    You owed for 20 days.  for example if the fee is 300, you owed 200.  They buyer should have reimbursed you 100 in the settlement.

    you need to verify the sale and figure out how to get them paid for the month of the sale.....

    but this makes no sense...if you sold on or about the 20th....your HOA fee should have been paid and cashed 2-3 weeks earlier....so how can you stop payment?

    so your problem is COMMUNICATING COHERENTLY, you said you stopped payment for the month you sold....

    maybe that is the problem, you didn't communicate coherently with appropriate documentation that the unit was sold.

    you don't stop payment on a future payment that hasn't been made yet, you cancel  (future) automatic payments...

    have you tried communicating with them to verify the sale?  might just be a paperwork mixup by an incompetent property manager.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      Ignore @Simply: she intentionally mis-reads things where NOBODY else misunderstood what you were asking.

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