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Answers (6)
- Patti Ann Kasper, "Patti Ann Kasper"
- Contributions:16
Unfortunately, whether they were disclosed or not, they still apply.
Covenants are generally recorded as part of the property and automatically transfer to the new owner regardless of the disclosure. When you purchased your foreclosure property, you likely signed an "as-is" addendum that basically leaves the responsibility for checking on these kinds of things to the buyer and/or the buyer's agent.
Some covenants have expirations or "sunsets" and you should check to see if that is the case with your property.
You may want to speak with a real estate attorney to see if the covenants are enforceable and legal (most are, but sometimes they are not).
This is just another example of why it is so important to do your "due diligence" when purchasing a foreclosure.
I hope that helps!
Read all the papers you got from the title agency, generally they are in there, as they are recorded against the property.
- Pasadenan
- Contributions:21453
In my city, there are many recorded covenant agreements on many properties that have been determined illegal and unenforceable. But no one has removed the covenants, so they are still part of the property title.
For example, at the east end of the city, many homes have a covenant agreement stating that you will not sell the property to someone of Asian descent. This of course is in direct violation of the Federal Fair housing act, and federal law takes precedence. So, I know some Asian families living in homes that state that they cannot legally own nor live at that location.
For example, at the east end of the city, many homes have a covenant agreement stating that you will not sell the property to someone of Asian descent. This of course is in direct violation of the Federal Fair housing act, and federal law takes precedence. So, I know some Asian families living in homes that state that they cannot legally own nor live at that location.
- Joelle Meintzschel, "Joelle Meintzschel"
- Contributions:178
This is currently a concern for homeowners in a local neighborhood. The C&Rs have been in place since 1978 with over 250 properties and some buyers received disclosure and many did not. The developer never charged any fees, never followed the C&Rs, and never transferred it to the homeowners by 1991 when it states he should have. Recorded covenants and restrictions run with the land but many homeowners are considering hiring an attorney to know their options. I suggest you contact an attorney as well to know what your legal options are. Good luck to you.
- sunnyview
- Contributions:25127
The neighborhood covenants in most places are tied to the property. They should have been included in your escrow. Call the local escrow company and ask them why they were not. I believe that you are bound by the legal CC&R's whether you knew about them or not.
- Aaron Dickinson, "Aaron Dickinson"
- Contributions:146
In most circumstances the covenants are recorded as part of the property and thus transfer to future owners regardless of whether they are disclosed or not. If it could be so easily circumvented, it would substantially weaken the effectiveness of such efforts.
Some covenants have sunset provisions and you may have other rights, so speaking with an attorney about this matter is always best as we can't give you legal advice.
Some covenants have sunset provisions and you may have other rights, so speaking with an attorney about this matter is always best as we can't give you legal advice.
Do neighborhood covenants apply even if you closed without it?
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