Forum Discussion
Mr_Mark1
Dec 08, 2013Explorer
redsb3 wrote:Mr.Mark wrote:Executive wrote:
The point of my comment was in a "Short Sale" many "SHORT CUTS" are allowed. Most short sales are sold as is, in its current condition, with no guarantees, warranties or caveats of any kind...speaking strictly from California experience ..YMMV....Dennis
Dennis, with all due respect, a short sale does not mean the new owner can't follow the CC&R's of a community. I'm a board member or our California based homeowner's Association and we had to force a sale of a homeowner who was behind on his dues (3yrs.). The home is now owned by the Assc. We are hoping the mortgage co. will foreclose on us so that they will be responsible for the fees and maintenance. A short sale doesn't release the new owner of honoring the CC&R's (Covenants, Conditions and Restrictions).
MM.
You might want to rethink that foreclosure. Here in AZ, the mortgage company, (bank or otherwise) won't pay the fees or maintain the property, in fact, they usually turn the utilities off and have the property winterized. Not much you can do to force them to pay up either, their pockets are a lot deeper than any associations. We have had to deal with 3 abandoned and then foreclosed on houses, all a stones throw from my house. If it is owned by the association, why not try and sell it?
Banks are required to pay in California (at least in our assc.). They are responsible for the property due to the CC&R's, that's why we have them. We have three foreclosures that are fully maintained by the bank because it's their legal responsibility and they are up to date on the fees. These particular homes are $2M, $3M and $5M dollar property's.
The home that the assc. owns will be sold if the bank doesn't foreclose. The owner is still in the house and has a court order to leave which will happen soon. The courts move slow. Our assc. can afford to keep the house and maintain if needed but hopefully the mortgage company will take over soon.
MM.
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