Mortgage lenders and investors needn’t worry about whether a homeowners’ association super lien will be given priority over a first mortgage in the state of Nevada, at least for now.
According to an alert published Monday by Ballard Spahr, the Ninth Circuit Court Appeals ruled last week that an older version of Nevada’s laws, which previously gave super-priority status to HOA liens, is unconstitutional.
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Hillsborough County homeowners are battling their HOA in a foreclosure fight, but one missed payment could cost the family their home.
“Because of $150, we’re going to lose a $300,000 home,” says homeowner Tina Lopez.
The Riverview family is taking on the Rivercrest Community Association, who just sold the home at auction. The Lopez family claims they didn’t have any warning. Now, the HOA fight could leave the family homeless.
“This is our life. This is our family,” says Tina Lopez.
The Lopez family has called their Rivercrest neighborhood home since 2005, when they bought if for around $270,000.
The HOA put a foreclosure lien on the house and recently sold it at auction for $19,000. The family’s cut: $14,000.
“You have a company that comes in and says let’s just take your house away. It’s not right. There’s no compassion. It’s not morally right,” says Tina Lopez.
PORT ORANGE,Fla. —
The Port Orange family who called Action 9 after their home was sold at an HOA foreclosure auction won’t be kicked out after all.
They lost their home after failing to pay just $1,900 in association fees.
The couple’s attorney had filed a motion to vacate the sale as a long shot.
But after Action 9’s story aired, the HOA and the new buyers offered to settle outside the courtroom.
“It’s not right, it’s disgusting, it’s not right,” said Katelyn Annis.
Two days after our story aired there was a dramatic turnaround for Annis and her family.
The investors who bought their Port Orange home at the HOA foreclosure auction is now willing to sell it back to them for $15,000.
Wow, how stupid the law in Florida for a HOA to foreclose on a home. And this couple didn’t have a mortgage!
A Port Orange family will be kicked out of their home after it was sold at auction over a $1,900 debt.
Homeowner Katelyn Annis says it’s not fair.
“It’s not their home, this is our home.”
Annis, her husband and children will be kicked out of their house in a matter of days.
The Waters Edge Homeowners Association foreclosed and sold the family’s home at an auction to collect $1,900 in overdue fees, plus a few thousand dollars in legal costs.
Annis claims they were never told about the auction.
“I feel so let down by the HOA, by our neighbors, by the board,” she said.
HOA’s actions against this family are just plain evil..
Legal letters demand removal of the purple (!) swing set within weeks.
Editor’s note, early morning, Aug. 14: We reached Marla Stout late Thursday in advance of her appearance Friday morning appearance on “Fox & Friends,” so this post has been updated throughout. She has mixed feelings about the media attention — which was instigated by neighbors contacting local reporters, not by the Stouts — because of her daughters, ages 8 and 5. “They start school on Wednesday, and this is not how we’d planned to spend our last week together. Bee starts kindergarten, and I was already a wreck over that and then this blew.” She took them out of town, but “my oldest got very upset today and cried because she thinks all of this is her fault because she wanted a colorful play set. My 5-year-old thinks they can stick it. … They have been all over the media and it was fun for five minutes, now not so much. Even though we have overwhelming community support, it’s hard.”
Editor’s note, about 4 p.m. PT Aug. 14: This post has been updated with information on the Go Fund Me campaign that friends and neighbors set up for the Stout Family Legal Defense Fund.
The offenders: the Stout family of Lee’s Summit, Missouri.
The offense: the color of their 2-year-old play set. It’s stained a shade of purple. (Purple! It’s practically a neutral! Well, here at Yahoo, anyway.)
Click here to read about it on Yahoo Homes.
These are documents from the Stout family’s dispute with their homeowner’s association over the color of their backyard play set. The Stouts’ September 2014 letter. Click here.