How in the fark does an HOA "foreclose" on a home?

They have nothing to do with the loan between the bank and the homeowner.

They can put a lien on the home, sure. But, foreclosure? How in the fark is that even possible?

SchlingFocker: How in the fark does an HOA "foreclose" on a home?

I wondered the same thing. Seems like a lien on the property would have been the remedy. Then I read this:



Most communities have covenants that give a homeowners association the right to sue property owners, assess penalty fees and even foreclose if dues aren't paid.

and it seems like the homeowners may have given the HOA that power when they purchased property in that development. They probably signed a HOA contract without reading it.

FredaDeStilleto: SchlingFocker: How in the fark does an HOA "foreclose" on a home?

I wondered the same thing. Seems like a lien on the property would have been the remedy. Then I read this:



Most communities have covenants that give a homeowners association the right to sue property owners, assess penalty fees and even foreclose if dues aren't paid.

and it seems like the homeowners may have given the HOA that power when they purchased property in that development. They probably signed a HOA contract without reading it.

Given that it's Florida, I'm really not surprised.

I never understood why a HOA can even exist in the so called "land of the free".

If they have 20% of the community, you'd think they could have organized and ran for the board by now...

// Although it sounds like it may be a stalled development, maybe the developer still runs the HOA...

eddyatwork: I never understood why a HOA can even exist in the so called "land of the free".

Because in the "land of the free" the individuals are "free" to enter contracts and thus be bound by the terms of those contracts. Those who are in an HOA "freely" chose to be in one. And clearly such "free" individuals would not feel the need to create such organizations if it weren't for bubba down the road parking his car on his lawn while building a make-shift carport out of twigs and black plastic while leaving the moldy plastic toys for his ten children out on the lawn.

HOAs do some stupid shiat and make some stupid rules. That's what happens when you let a bunch of whiney, anal-retentive people get ahold of power. But HOAs are not necessarily a bad thing all the time in every circumstance where only complete idiots ever get into one because they didn't read their contracts.

Clearly the solution is to simply move out and burn the house to the ground following the time honored biblical instruction that "If I can't have it, nobody can."

40below: Good. People need to learn to live by the rules. Rules are what separate us from animals. And the Irish.

I'll give that a 3/10

/just didn't feel sincere

And people wonder why god keeps smiting America...

"$300" is pronounced "three hundred dollars"
"$300 dollars" is pronounced "three hundred dollars dollars"

Is anyone else tired of seeing people write "$300 dollars"?

/no, Pants full of macaroni!!, just you
//don't care, it's redundant

I_C_Weener: Whoatherebabie: Why would you have to take the whole house? Surely you could just seize other assets like the plasma TV or a car or other stuff to recoup the cost. I'm not American but this just seems WAAAY over the top to foreclose on a house over $700.

HOA are granted nearly automatic liens on houses if the HOA dues are not paid. They are not granted liens on the furnishings, or car, etc...

Maybe the owners could sell their big screen tvs and pay off the dues and therefore save their house?

Dumbasses.

It's funny, most of us would sell our flat-screens to pay a fine to save our home. But would you sell it to pay unpaid parking tickets? 9/10 people won't. I mean, what are they going to take away? Morals? Sh*t, they're obviously already shot.

Why in the hell would you move somewhere with a HOA? I mean, it's bad enough living somewhere with oppressive zoning laws, but damn. You're actually signing something. On purpose. Dumbasses.

My HOA fees are $3.25 per year. They have the streets swept a couple times a year and maintain the sub-division sign. That's about it. I like it that way.

I just don't understand why anyone would buy a house with a HOA.

Aaaaaand now I look like an idiot.

/'salright, I'm used to it

eddyatwork: I never understood why a HOA can even exist in the so called "land of the free".

How dare private citizens/organizations create self governing organizations, they should demand the state do it for them.

mikefinch: And people wonder why god keeps smiting America...

No.

eddyatwork: I never understood why a HOA can even exist in the so called "land of the free".

So is it your suggestion that people should not be free to enter into a binding contract?

FTFA:

"That's 21 percent of the roughly 400 homes in the community, based on data from RexReport.com. The 84 are set to go on the auction block April 7 at the Bexar County Courthouse - an event that would devastate the neighborhood's property values, experts say.

Judith Gray, an attorney hired as the auction trustee, said the association is foreclosing because many homeowners have not paid dues for several years, and the multiyear loss of those dues is making it difficult for the association to function and to provide services required by the city."

I damn near facepalmed. HOAs exist, in part, to maintain property values. Evict 21% of your homeowners, those properties go to shiat and drop property values. Do they really think they're going to get more idiots to sign on to overpriced cookie-cutter homes in yet another jackbooted HOA in a neighborhood that isn't even fully developed?

Seems like they're shooting themselves in the foot.

Sticky Hands: drunkjournal: "$300" is pronounced "three hundred dollars"
"$300 dollars" is pronounced "three hundred dollars dollars"

Three hundred double dollars

Don't worry, I can get my $300 dollars from the ATM machine.

Talon: eddyatwork: I never understood why a HOA can even exist in the so called "land of the free".

Because in the "land of the free" the individuals are "free" to enter contracts and thus be bound by the terms of those contracts. Those who are in an HOA "freely" chose to be in one. And clearly such "free" individuals would not feel the need to create such organizations if it weren't for bubba down the road parking his car on his lawn while building a make-shift carport out of twigs and black plastic while leaving the moldy plastic toys for his ten children out on the lawn.

HOAs do some stupid shiat and make some stupid rules. That's what happens when you let a bunch of whiney, anal-retentive people get ahold of power. But HOAs are not necessarily a bad thing all the time in every circumstance where only complete idiots ever get into one because they didn't read their contracts.

Dude, the glut of empty houses on the market caused by rampant foreclosures is a far greater threat to the value of your home than some bubba down the street who doesn't mow his lawn twice a day.

/God bless the city, no HOA bullshiat here

I've gotta start searching Google News daily for stories mentioning "HOA". Maybe then I'll be able to get that elusive second greenlight.

No, they're not shooting themselves in the foot. They obviously exist for the purpose of generating revenue, under the PRETENSE of improving property values. The returns on foreclosing on all those homes, even if they sell for much lower values, is going to be GREAT!!!

Raging Thespian: drunkjournal: "$300" is pronounced "three hundred dollars"
"$300 dollars" is pronounced "three hundred dollars dollars"

That's what you get from the ATM machine after you enter your PIN number.

Dammit, I should refresh before I snark.

HAHA. YOU CHOSE TO LIVE IN A HOA AND THEY HAVE NO HEARTS. YOU LOSE.

84 foreclosed and soon to be empty homes? Sweet, I'll let some squatters know.

40below: Good. People need to learn to live by the rules. Rules are what separate us from animals. And the Irish.

Part of me agrees with this and the other part of me sees this HOA as just digging a hole for its grave. Who is going to want to move into a neighborhood with 84 foreclosed homes?

lilplatinum: eddyatwork: I never understood why a HOA can even exist in the so called "land of the free".

How dare private citizens/organizations create self governing organizations, they should demand the state do it for them.


So it's legal for people to sell themselves into slavery? Whatever happened to inalienable rights?

Because several people in my area did not pay their dues, we were unable to complete repairs on a community fence and hire a competent trash service. Sometimes legal action with the threat of foreclosure is the only way to get people to pay their small, annual dues they agreed to when they signed the deed to their home.

NightOwl2255: 40below: Good. People need to learn to live by the rules. Rules are what separate us from animals. And the Irish.

Comparing the Irish to animals? Even for you that's pretty low. I mean what did animals ever do to you to deserve such an insult?

No no no. He means "Rules, and the Irish, are what separate us from the animals." On account of so many Irish being cops and clergy and Wall Street traders and such. Begob they're the very backbone of civilization. The backbone I tells yer.

This would fall under the "cutting off your nose to spite your face" category.

It'll be hilarious to see the look on the HOA directors' faces once they're saddled with 84 properties they can't even begin to hope to sell.

Bwahahahahahahaha. THE CIRCLE OF LIFE.

It is a self-defeating proposition for most HOAs to foreclose because 99% of the time, they will take the property subject to a first trust or mortgage which is still entitled to priority over their HOA lien. The HOA's best case if the homeowner tells them to fark the frakkin' fark off is they take back an empty property, generate no HOA fees from themselves, have to pay their attorneys, then have to pay the mortgage themselves or the bank forecloses. Now the HOA has absolutely zero intention of paying the bank's loan, so at the end of the day a HOA foreclosure is a pressure tactic intended solely to get banks to foreclose. Banks, however, are on to this tactic and are letting deadbeat owners stay for months on end without paying anybody because the bank doesn't want any more houses and they can get all of the federal aid they please or write off the losses for tax purposes.

It's a farkin' mess.

you signed the contract - just pay the farking dues - find another way to protest the HOA - dumb bastards

idrow: I just don't understand why anyone would buy a house with a HOA.

Both of my houses have HoAs, when I was looking for both of them (they are new) I never saw a neighborhood without an HoA. This is in a span of the last 6 years.

Mine are pretty tame, I pay them late all the time with no fees.

bush:

Seems like they're shooting themselves in the foot.

HOA President

Right now I'm happy to live in an old home that predates this abominable practice. Plus, it's in a civilized city where we have municipal garbage collection.

/needs to fix his own damned fence, though.

drunkjournal: "$300" is pronounced "three hundred dollars"
"$300 dollars" is pronounced "three hundred dollars dollars"

I tried to withdrawl $300 dollars from the ATM machine but I forgot my PIN number.

/HOA can be bad but they can be good too.