C&H
Trust Deed Service offers a complete range of collection services for
Homeowner's Associations throughout California. While our service
includes placing the delinquent homeowner in foreclosure, we understand
that this is an uncomfortable situation for the board members and the
homeowner themselves. As such, we act as an intermediary in
discussing the account with the homeowner and endeavor to provide
professional and courteous service.
In our experience,
very few properties are actually sold through the foreclosure process
based on an HOA delinquency. Instead, the vast majority of
homeowners request payment plans (which we negotiate on your
behalf based on your instructions), refinance or sell their
property. If, however, the homeowner simply refuses to pay there
really is no other option than foreclosure.
The basic timeline for such a procedure is as follows:
- Assessments become delinquent for more than $1,800 or longer than 12 months;
- Owner receives from the board or managing agent one or more
notices of delinquency pursuant to the association’s delinquency
policy;
- Majority of the Board votes to initiate foreclosure and the vote is recorded in the minutes;
- File is referred to C&H Trust Deed Service;
- A final demand and Notice of Intent to Lien is issued;
- After 30 days, a Notice of Delinquent Assessment (Lien) is recorded and a copy sent to the owner;
- After 30 more days, a Notice of Default is recorded and sent to the property owner;
- After 90 days, a Notice of Trustee's Sale is recorded and sent to the property owner;
- After 27 days, the property is sold to the highest bidder or
reverts to association to satisfy delinquent assessments and costs of
collection.
As you can see, the California
statute allows the property owner ample time to resolve the
delinqunecy. While foreclosure is not our objective, if the
homeowner will not pay, it is inevitable. Click here for our HOA foreclosure Order Form.