A new victim is beginning to suffer as a result of the condition of the mortgage and real estate market here in the towns and communities that surrounds Phoenix such as Tempe, Surprise and Peoria.
That unlikely victim is actually the good paying member of the HOA communities so prevalent in Arizona.![]()
Scottsdale Republic, Matt Metz, a self-described resident of a Homeowners Association, shared his well-though opinion of the unfortunate state of how Foreclosures are hurting the dues-paying members of their HOA.
Here's what is happening.
When the foreclosure process occurs, either the new buyer, or the bank who takes the property back is responsible for unpaid property taxes, interest, etc.... However, they are not responsible for the unpaid debt of the owners HOA dues/fees.
The debt is not connected to the property. Dues are connected to the original owner and it is unlikely that that money will be ever collected.
As a result, the residents of the community- the good paying members of the HOA must make up for the lost revenue somehow, in the form of raised dues, new assessment, or reduction in quality services currently offered to members.
Under the terms of a traditional Real Estate purchase and sale, any monies due and HOA would be settled at closing per agreement of buyer and seller. Not until, these monies are paid can title transfer.
However, under a trustee sale (foreclosure), Title transfers with no consideration of this settlement of HOA fees. Mr. Metz makes and excellent point. , "Our state law should require that all liens must be settled before any transfer of ownership can be completed - whether that transfer is the result of a (traditional) sale, short-sale or a foreclosure.
I agree that we need to help people stay in their homes through a variety of methods including new legislation.
However, more importantly, we need new legislation to protect those who are paying their bills and are responsible for their debts.
Thank You Matt for speaking out!
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Copyright © 2008 By James Wexler, All Rights Reserved. *Be careful when buying a home in a community governed by an HOA! *
Contact James Wexler (480) 221-8080 for all your Phoenix | Scottsdale area Real Estate needs.

ments and the inevitable criticism should be free-from , free-flowing stream of conscious.




on what this means for the residential real estate market in Scottsdale and greater Phoenix overall.