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Homeowner Association Lien Typically Lost By Foreclosure

By Christopher Combs | January 22, 2023

Question: A homeowner in our Glendale community has not paid the monthly HOA fees for more than a year, and our HOA now has a lien of $8,000 for delinquent monthly HOA fees. The HOA president recently received a notice of foreclosure from the homeowner’s mortgage lender. If there is a foreclosure by the homeowner’s mortgage lender, will the HOA get paid the $8,000? If not, how does our HOA collect the $8,000? Answer: In general, a foreclosure of a first mortgage on the home will “wipe out” the $8,000 HOA lien on the home. If the foreclosure is other than a foreclosure of a first mortgage on the home, however, the $8,000 HOA lien should still exist. See A.R.S. § 33-1807(B). Even if there is a foreclosure by the homeowner’s first mortgage lender, if there are any excess proceeds after the foreclosure sale, the $8,000 lien should have a…

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Private Condemnation and Landlocked Parcels

By Christopher Combs | January 15, 2023

Question: My brother and I recently inherited from our parents a 20-acre parcel of land (“20 Acres”) in the Prescott Valley area of Yavapai County. Our parents bought this 20 Acres back in the 1970s from Ned Warren, the “King of Land Fraud.” This 20 Acres has no legal access to a public highway. Although my brother and I have visited this 20 Acres several times over the years, on our last visit the dirt road that we had always used for access to the 20 Acres was blocked by a home on a 5-acre lot. We want to sell this 20 Acres, so we talked to a Realtor. She said no buyer will purchase this 20 Acres without legal access to a public highway. How do we get this legal access to a public highway? Answer: Under the Arizona Constitution and statutes there is both public condemnation and private…

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