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Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part V

This blog post is part V in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions.  Part I explained that associations have the statutory power to expedite the foreclosure process when lenders are delaying and illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years.  Part II addressed the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on when not appearing in lender foreclosure actions.  Part III demonstrated that appearing in lender foreclosure actions allows associations to better determine if the foreclosing entity is entitled to Safe Harbor protection or not, and Part IV discussed ensuring the lender immediately begins paying assessments after taking title, including when it is worth pursuing the prior homeowner for the remaining unpaid assessment balance. This fifth and final post in the series explains when an association should initiate its own foreclosure action depending upon the status of the lender’s action.

When lenders initiate foreclosure actions, they name and serve the governing associations as defendants due to their financial interests and lien rights.  Once served, associations often incorrectly assume the bank has the situation under control and the resulting foreclosure will soon be a done deal.  Because of that assumption, many associations fail to appear in these actions, and that decision could be a costly one if a foreclosure judgment is never entered, causing the property to remain vacant.  What follows are various commonly-occurring scenarios in lender foreclosure actions that can result in the loss of thousands of dollars in missed revenue for associations that fail to appear and are unware of what is happening.

Even when the above-mentioned scenarios occur, some may be skeptical of an association bringing its own foreclosure action when the lender is trying to foreclose.  Lender foreclosure actions can often take two years to conclude even when there are no difficult challenges.  When there are challenges, such as those listed above, that will only prolong the action.  By immediately identifying those situations where a prolonged lender foreclosure action is likely, an association can take swift action to push forward its own foreclosure action, gain title to the property and rent it out while it waits on the lender to resolve its issues.  This rental income will often more than satisfy the delinquent assessments.  With a competent attorney, an association’s foreclosure action could be completed within six months or less.  These assertive actions are what allows associations to recover missed revenue, maximize their budgets and keep their future monthly assessments low for all responsible property owners within the community.

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