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Can an HOA in the state of Ga Forclose on a persons condo due to unpaid dues? There are 2 owners. Wo

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September 01 2012 - Sandy Springs
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Answers (4)

You need to attempt to get some legal assistance. Try here: GA Legal Aid

You simply need more help than you can get on a real estate forum. I know there are some legal forums where they may be able to give some answers for minor things, but you may be beyond that. I simply googled it, but this is one GA legal forum: GA "Is It Legal"

I hope you figure out how to improve your situation.
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September 02 2012
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The condo is paid for free and clear. There is no bank involved. There are 2 owners. When a payment schedule was made I was on unemployment. It suddenly got cut off therefore there is no money coming in. At all. Being there are 2 owners on the Deed, my daugher and myself and I am now below poverty level wouldnt they sue to garnish her wages first before attempting to foreclose?  I have no money to engage a lawyer. HELP! 
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September 02 2012
Contacting a real estate attorney is an important first step.  If you are at a lost for what attorney to contact, try Georgia's own Campbell & Brannon (http://www.campbellandbrannon.com/) for more information on what can be done.
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September 02 2012
Under Georgia law, the HOA association can file a foreclosure action against a homeowner for unpaid dues. However if there is an outstanding 1st or 2nd mortgage, the HOA lien would fall into line behind those loans and the 1st lien holder would still maintain their own right to foreclose.

Essentially the HOA is filing the foreclosure action to effect a lien against the property that would either be paid by the homeowner(s) or by the bank(s) that might foreclose in the future.

If you're in this situation contact an attorney as this should not be taken as legal advice. This information was taken from a brief reading of Georgia statute law.
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September 01 2012
 
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