Battle HOA for super priority lien supremacy continues

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By Deborah Goonan, Independent American Communities Updates on the status of the HOA super priority lien. In a post entitled Is the HOA Priority Lien necessary and beneficial? (June 9, 2016), I made the case against the HOA super priority lien as a tool for associations and real estate investors to extinguish or “wipe out” bank liens for first mortgages. Based upon documented facts provided in the article, I concluded that Community Association Institute’s (CAI) argument Continue ReadingBattle HOA for super priority lien supremacy continues

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Proof positive that HOA priority lien does more harm than good

By Deborah Goonan, Independent American Communities KTNV’s Darcy Spears, founder of the HOA Hall of Shame, recently investigated an outrageous case of a homeowner’s association that foreclosed on a half-million dollar property for a measly $30,000. Las Vegas woman’s home goes to auction before short sale completed due to delinquent HOA dues Darcy Spears 4:23 PM, Jul 23, 2018 5:29 PM, Jul 23, 2018 LAS VEGAS, NV (KTNV) – A Las Vegas woman’s near-half-million dollar Continue ReadingProof positive that HOA priority lien does more harm than good

HOA blames deed restrictions for delays in reconstruction following Hurricane Harvey

Meyerland Community Improvement Association seeks to amend its restrictions. But will that benefit property owners? By Deborah Goonan, Independent American Communities   Last autumn, Hurricane Harvey hit homes in Meyerland, Texas, hard. Some properties took on several feet of water, and were damaged beyond repair. (See these photos from the Houston Chronicle to see flooding in Meyerland.) And, according to a report from KHOU11 News, six months have gone by since the 1950s-era homes have Continue ReadingHOA blames deed restrictions for delays in reconstruction following Hurricane Harvey

Nevada 9th Circuit: Super priority lien cannot extinguish Freddie Mac mortgage without consent

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By Deborah Goonan, Independent American Communities   Some opportunistic Nevada real estate investors and HOA foreclosure attorneys are likely displeased with a recent Opinion filed by Judge Kimberly J. Mueller in the Ninth Circuit Court of Appeals. Mueller ruled that the Federal Foreclosure Bar overrides Nevada statute’s intent to extinguish a first mortgage as a result of an HOA foreclosure. The Plaintiff in the case, Alex Berezovsky, had been seeking to “quiet title” to a Continue ReadingNevada 9th Circuit: Super priority lien cannot extinguish Freddie Mac mortgage without consent