HOA foreclosed prior to mortgage notice of foreclosure, who own the property? HOA or Mortgage company?
Answer
If the period of redemption from the HOA foreclosure has expired, and if the mortgage foreclosure is not yet complete, the HOA owns the property. Once the period of redemption from mortgage foreclosure expires, the HOA will lose its position and revert back to having a lien for the assessments for the 6 months prior to the end of the period of redemption from the mortgage foreclosure.
This assumes the foreclosing mortgage is a first mortgage, and that the HOA did the foreclosure correctly.
Because the only information I have is from your question, this is general information and we have not formed an attorney client relationship.
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