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How to Sell a House with HOA Liens

There are so many moving parts to selling your home: hiring a great local real estate agent, cleaning, repairing, and updating your home, saying goodbye to your neighbors – the list goes on and on. Every step toward a sale is important, there is an element that few homeowners consider when they’re ready to sell: their relationship with their HOA. 

A homeowner’s association is there to ensure that your neighborhood, including any private parks, look their best. HOAs often utilize the dues, also called assessments, paid by residents to finance lawn and gardening services for the community. These fees may also go to improving community property, monthly utility bills and maintenance for a club house, neighborhood events, or private security. If you have a community pool, you can expect that at least a portion of your HOA dues will be used to care for it. HOAs can also provide valuable resources, like contractor referrals, and helping you to connect with your neighbors. Your HOA also exists to hear and act on concerns voiced by you, or your neighbors. From noisy neighbors to suspicious people in the area, your HOA is a service that requires your monthly dues to positively affect the wellness of the community. Without receiving everyone’s dues on time every month, the relationship between you and your HOA will become more difficult to manage. 

What Can my HOA Do?

passing the house keys

Before buying a home, you should collect all of the information about the HOA that you can. Many people don’t know that their HOA has the power to put a lien on their house. That’s right: your HOA can legally place a lien on your home if you don’t pay your dues. This means that you’re legally obligated to pay your HOA dues when they’re due. What’s worse (for any homeowner who lives in a community with an HOA) is that a lien on your home, whether it comes from the bank, or from your HOA, can negatively affect your ability to sell your home, and your credit.  

Understand that your HOA could have the power and the ability to file a lien against your property for unpaid dues. Every HOA doesn’t have the power to put a lien on your home. It must be clearly stated in the HOA’s laws, called the Declaration of Covenants, Conditions, and Restrictions, or CC&Rs. Some states forbid HOAs from taking certain actions against homeowners who haven’t paid their dues. Other states have mandated that homeowners receive notification of late dues or liens. With states that offer HOAs more freedom and less regulation, HOAs may stipulate in their CC&Rs that they have the right and power to not only file a lien against your property, but also to foreclose on that lien, foreclosing on your home just as a bank would. 

The laws around how much notice your HOA must give, as well as the amount for which they charge in fees, and the minimum delinquent amount allowed before a lien is filed vary from state to state. Check with your HOA’s CC&Rs, as well as state laws that impact the power that your HOA has in your neighborhood.  

How Do I Sell My Home When I Have a Lien?

Understand that your homeowner’s association can file a lien, and liens are a matter of public record. If you’re ready to sell your home, it is in your best interest to settle the lien with your homeowner’s association as soon as possible. Whether this is settled by the payment of the delinquent fees, or by other means, it is important that you ensure you’re not passing these debts on to the next owner of your current home. A new buyer may love your home, but be discouraged by the debts that come with the home. Because these debts will transfer with a change in ownership, the lien is often actually filed against the property, instead of the individual. 

As you’re thinking of selling your home while it still has an HOA lien, remember that HOA liens threaten lenders, too, and that you, the homeowner, aren’t the only one who has to live with the consequences. In many cases, a lien on your home through your HOA holds more power than the mortgage of the home. Not only can your HOA lien affect how a potential buyer feels about moving forward with the purchase of your property, an HOA lien can also threaten your lending institution that legally owns your home. Unless you bought your home outright, your home officially belongs to your lender, typically a bank, who also owns the mortgage to your home. Paying the whole amount of your mortgage, taxes and sales fees included, puts your home in your name and fully owned by you, but also means that it is you, not your former lender, who will have to pick up the tab to settle the debt. As previously mentioned, whether or not your mortgage is paid off, a lien from your HOA can end in a foreclosure and sale of your home to cover the debts. Even if your debt is only a few hundred dollars, if left unpaid for long enough, you’ll find yourself in legal trouble with your homeowner’s association.  

After the Lien

In an ideal world, you won’t fall behind on your HOA assessments, and if you did, you could settle them quickly and amicably. In the real world, settling the debt directly with your HOA is the best possible outcome for you and your family, if you have one, but it can drag you into something that causes huge amounts of stress and grief. It is possible, of course, that a lien placed on your home by your HOA could have some flaws – and if this is the case, it’s important to hire a real estate attorney to help you navigate the problems with the debt. Sometimes, the fees from your HOA are deemed to be unreasonable in a court of law, and it is possible for an HOA lien to be declared invalid by a judge. Your HOA may have miscalculated dues and fees, compromising their case against you. There may have been steps missed in following the state laws that determine how the lien must be filed, or foreclosure conducted, your HOA might go against their own CC&Rs, or your HOA might have other issues preventing them from moving forward. Whenever you find yourself in a compromising situation with your property, contacting your local real estate agent is a great first step to helping yourself.

Sue Kuckelmann
Sue Kuckelmann
17:02 16 Nov 19
We couldn’t be more pleased with the service provided. From start to finish the team was professional and extremely helpful. All the deadlines were met or exceeded even when I was in Arizona and my husband was in Las Vegas. I would recommend them to anyone who is looking to sell in Las Vegas.
Sam Thompson
Sam Thompson
17:47 25 Oct 19
Great people and very professional. Treated me and my situation fairly and with care.
Mandy Majano
Mandy Majano
01:49 07 Oct 19
They did exactly what they said they would. Great company! Highly suggest!
Anthony Montonini
Anthony Montonini
01:31 07 Oct 19
Thank you guys. We were selling our house to Casey And Ryan and there was some HOA liens that totaled over $40k and they met with the HOA board with me and got them reduced to less than $5k so I walked away with $35k more than I thought I was going to. True professionals!
Nicole Dur
Nicole Dur
01:20 07 Oct 19
My grandma needed help selling after my grandpa passed :( anyways I found them through google and they really treated her like their own family. And let us leave a lot of the stuff she had accumulated over 40 years in the house. Thank you Casey and Ryan!!
pat rolman
pat rolman
01:13 07 Oct 19
These guys have true character. We signed agreement to buy my house then my situation changed and they didn’t force me to move forward. Then 2 months later I needed to sell it and they helped me find a new place any everything. They are really Great people.
Ricki Irwin
Ricki Irwin
00:06 24 May 19
This was so easy Casey was very helpful and kept in contact through the entire process thank you again for everything. Highly recommend this company.
Lela Leedham
Lela Leedham
03:08 22 Feb 19
Great experience working with Casey and Ryan. We would recommend them anytime. They are very knowledgeable and very professional.
Emily Binder
Emily Binder
21:16 18 Feb 19
Jennifer Gibbs
Jennifer Gibbs
19:58 18 Feb 19
A very impressive operation. Very professional and knowledgeable. They follow up when they say they will. Very helpful Team. If you're looking for a fast and fair cash offer on your home, these are the guys to call!
Mario Elizondo
Mario Elizondo
19:58 18 Feb 19
Very professional and a pleasure to work with.
Danny O'Bannon
Danny O'Bannon
19:53 18 Feb 19
I called 5 different companies from google trying to find a company that would pay the most for my rental and their offer was higher than the others. Extremely streamlined process. Easiest transaction I’ve done
Ross Greene
Ross Greene
18:04 17 Feb 19
Ryan & Casey were great to work with! Absolute pro's in the business. I would definitely recommend them. If only I could give them more than 5 stars. Hope to work with them again soon! Thanks guys!
Pam Dickerson
Pam Dickerson
23:53 15 Feb 19
Excellent customer service! Helped us through the entire process. Highly recommend!
steve Balsacker
steve Balsacker
19:35 14 Feb 19
Me and my wife had gone through a divorce and we wanted a quick way to get rid of our property so we could just move on with our lives, Thankfully Ryan came in and helped us out, I didn't have the time to deal with the headache of people coming in and out as well as all the repairs that were needed. He gave me top dollar for my home and I was out in 7 days!
jason almeida
jason almeida
16:52 14 Feb 19
We have seen their signs around town and thought it was a scam, we decided to give them a call and I couldn't have been happier with our experience. They were professional and knowledgable, they paid for all closing costs and even helped with our family move. Great guys and great company! Thanks again!
Peter Floratos
Peter Floratos
04:51 14 Feb 19
This team handles their business right. They are a pleasure to work with.
Tyler Hubbs
Tyler Hubbs
04:38 14 Feb 19
Ryan and Casey treated me with patience and respect during the whole transaction! Very trustworthy and explained each and every question I had!! I would highly recommend We Buy Any Vegas House!!
Dennis Ripley
Dennis Ripley
03:55 14 Feb 19
Very professional and very knowledgeable from start to finish. They went above and beyond to help me find what I was looking for. I would definitely recommend them.
Avraham Metal
Avraham Metal
01:58 14 Feb 19
As a Real Estate Agent I have sold properties to Casey and his Team. They are men of their word and have never let me down.
Dena Shapiro
Dena Shapiro
01:29 14 Feb 19
What an AWESOME experience!! Casey and Ryan are THE BOMB!! They either answer their phone ALWAYS or respond within minutes. They originally called to see if I wanted to sell but I wasn't interested in selling. However, my neighbor had to sell immediately so I referred them to her, she accepted their offer & they closed escrow within weeks. It would've been A LOT sooner but there were delaying issues on the seller side. Anyways, they got it closed & EVERYONE is happy!! Thank you so much Casey & Ryan :). YOU'RE THE BEST!!!
Ron Lorenzo Woods
Ron Lorenzo Woods
00:51 14 Feb 19
Great team with quick and professional service!
karina giraldo
karina giraldo
00:36 14 Feb 19
Knowledgeable, fair, and professional. I loved working with Casey. I did my research before selecting a company, and I’m so happy I went with them!
Cody Raynoha
Cody Raynoha
00:27 14 Feb 19
Casey runs a great company that's honest, easy to deal with, and is always fair. I'd absolutely work with him again!
Whitney Carter
Whitney Carter
21:42 08 Feb 19
Grateful to have worked with such a great company! Long story, short they really did help me through a tough time. No need to get into details, but this company really knows what they are doing. Thank you for all of your help with my home. Highly HIGHLY recommend!
Alan Giblin
Alan Giblin
23:01 07 Feb 19
I was shocked when I heard that We Buy Any Vegas House could sell my house so fast without any fees or charges at all. Thanks again guys!
Crosbey Proffitt
Crosbey Proffitt
22:48 07 Feb 19
I started off using a realtor thinking that I would be able to sell my home fast, but that wasn’t the case. I ended up reaching out to different companies and I ended up finding We Buy Any Vegas House. They were on it the second I reached out to them and were able to sell my home fast!
Investors
Investors
18:59 07 Feb 19
I have been in Real Estate for many years, it’s so refreshing to meet such professional, kind people to work with. We Buy Any Vegas House has great employees who are responsive and get things done quick. You can tell they have a true passion for what they do. If you are looking to work with a great team and you want to sell your house quick, I highly recommend this group!
Scott Henry
Scott Henry
18:53 07 Feb 19
We Buy Any Vegas House truly is one of the most reliable companies I have worked with. You can really tell that Casey and Ryan really care about what they do and really want to make you feel comfortable in the process. Thank you for all your guys help!
Ashlyn Mazur
Ashlyn Mazur
21:26 02 Nov 18
Most professional real estate company I've ever worked with! Would for sure recommend them!
Ashley Thompson
Ashley Thompson
18:59 02 Nov 18
I called 3 different companies and Casey was the most responsive. His offer was higher than the other ones as well. I really liked that they were a local company and everyone who helped me in the process was great to work with!
Katrine Baker
Katrine Baker
18:39 02 Nov 18
My mom and I had to move out of our house pretty quickly due to her martial differences. They were honest and extremely professional during the process and we are forever grateful to have worked with such a great company! Highly recommend!
Gregory Mitchell
Gregory Mitchell
00:26 01 Nov 18
Unfortunately, I never thought I would see myself having to get rid of my home, especially in a fast time frame. However, life happens, and I needed to sell my home quickly due to a death in the family. I reached out to 4 companies in Las Vegas, and We Buy Any Vegas House not only was the most efficient, but the friendliest, most reasonable, and compassionate. The other 3 companies did not even compare. Casey and Ryan have gone above and beyond to make sure that this worked for me. They truly care about you, which means a lot especially during a tough time. They put in the effort to care about the client first, as well as my family during this tough time. I am so grateful to have found them, and to top it off, they bought my house and put cash in my pocket in 7 days. Would recommend to all! Use this company, you can't go wrong! Thanks to Casey, Ryan and John!
Samantha Bonneville
Samantha Bonneville
00:23 01 Nov 18
We buy any houses is one of the most honest companies I have worked with. They are always upfront with issues of the houses, honest with fees And closings. We have not had a bad experience after 10+ Transactions
Alyssa Trent
Alyssa Trent
23:08 31 Oct 18
I worked with them to help my Mom sell her house and they were so amazing!! They explained to us exactly how everything worked step by step. I called them on a Monday and they got us cash by Thursday. Casey is such a genuine person.
Robert Johnson
Robert Johnson
22:10 31 Oct 18
After a tenant trashed my rental property, I was faced with the decision of remodeling or selling the property in its current state. I called Casey and he walked me through the entire process, start to finish. After factoring in the amount of time and money the remodel would take, it was clear that selling to them was the best decision for me. Within a week of my first contact with Casey and his team, we closed on the property and I had cash in hand. I'll definitely be reaching out to them in the future. THANKS!!!
Corey Trent
Corey Trent
02:33 31 Oct 18
I reached out to Casey and Ryan when I needed to sell my house. They were very professional and helped me through this tough time. They were able to buy my house and close fast. What a great team they are! I would recommend them to anyone. Thanks again!
John Washington
John Washington
02:24 31 Oct 18
As a very skeptical person I always believe that my best interest is not priority when dealing with people that want my business. I cannot name the countless times that I have been burned. After looking to sell my house for a cash offer, I was called by a lot of investors, most of which had very little customer service. Several didn't return call when they said they would and then when they finally called me back, they got anger when I decided not to use their Services. From day one Ryan not only treated me like is #1 customer but also treated my whole family like long time friends. I most also state that his offer wasn't even the highest. I took the lower off with him due to the fact that he help with crucial tax situations that I needed taken care before receiving them money so it wouldn't bit me in the butt later. He answered every call before and after the process was completed. 99% of others wouldn't have even answered a text once they got the money. Could I have made a couple of thousand dollars more with someone else? Sure, but the peace of mind in knowing that it was done the right way by someone who actually was professional and care was more than worth it. Ryan has made a customer and friend for life.
Green Girl
Green Girl
00:00 31 Oct 18
I was in a really tough spot because my Husband was in the Hospital and had passed away. I was completely unready for this and had discovered that there would be considerable expenses!  I had received several letters from companies interested in the property on an "as is" basis.  Most had never got back to me after I called them or were too low of offers.  I put an inquiry in their website and was immediately contacted by the Owner who was able to come the very next day!  The entire process was easy and professional.  Thank you We Buy Any Vegas House!
Mike
Mike
23:37 30 Oct 18
Casey and Ryan were so helpful! I was was a week from being Foreclosed and they were able to get me cash in my account in 5 days! And even let me rent back until I was able to find a new home!
Karl Workman
Karl Workman
21:03 30 Oct 18
This company was not only the most professional real estate company i've dealt with, but they're the most reliable and respond quicker than most companies i've ever dealt with. They were fast, professional, and knowledgable in all aspects of our deal. Would and plan to recommend them to all of my friends and family! 10/10.
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