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Friday, June 1, 2012

''The HOA Crisis''

From Housing Wire

''A mortgage servicer completes the foreclosure, eventually. And the bank has taken title to the home and arranged to sell it as an REO to a new buyer. The purchase contracts are even signed. So, take another home out of the however-many-millions there are in the shadow inventory. It's off to the next one.

But then the bank finds out there is a homeowners association or condo association past due amount. In each state it is different, but in Florida, it's a nightmare. A safe harbor rule under a legal statute declares the first-lien holder can pay the lesser of either the past 12 months in assessments or 1% of the original principal balance on the home.

So, if a homeowner is paying $250 per month in HOA fees for a home that originally cost $140,000, that would be roughly $1,400 owed to the association as 1% of the original principal balance, opposed to the $3,000 in past due fees.''

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