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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Priority of HOA liens subsequent to the Thaler vs Household Finance case Posted by Ward-CA- on April 6, 2001 at 5:53 AM In Reply to: Am I obligated to pay back assoc. dues on a foreclosure? posted by Bradley P Quaranta on April 5, 2001 at 8:43 AM : Ward, : Recently I purchased a foreclosure. Four months after the sale the board of directors of my association met and determined that they want me to pay for the the past dues and fees. I called the assoc and explained that their claim was no longer valid due to the foreclosure. You mentioned in your class something about a case THAILER VS HOUSEHOLD FINANCE. Can you explain how this might apply. Do you know where I can view a copy of this case. I would love to show it to my association before I have to take them to court. : Thanks BRAD ==================== Brad, the appellate case of Thaler vs Household Finance was certified for publication in May of 2000. The case changed the way we determine the priority of recorded HOA liens against real property here in California. Before the Thaler decision, the priority of a recorded HOA lien was determined, not by the date the lien was recorded, but, via a "relation back" theory, back to when the controlling CC&R's for the particular condo project were recorded. So the Thaler case stands for the principle that the priority of a lien, recorded against real property in this state, is established by the date the lien itself was recorded, not when some earlier document was recorded. I like the Thaler case finding. It's application makes it much easier to determine the relative priorities of recorded liens against the title of property–it's simply established by the chronology of the recording dates of the open, recorded liens. Relation-back theories of priority murky the waters and make title searching much more tentative and uncertain. To find the Thaler case on the internet and download it as a PDF document, go to http://wwwfindlaw.com/california/CA02_caselaw/5_2000ca.html. I'd be happy to hear how you fare with getting your association to reverse themselves recognize that the foreclosure of the lien that gave you title to the condo wiped off your title their subordinate, unpaid HOA lien. Please explain to them their lien still exists against the previous owner, but not against you or your title to the property. Hope this helps. Follow Ups: free mlb picks free mlb picks 7:14 PM, 08/02/06 (0) college football picks college football picks 6:41 PM, 08/02/06 (0) free baseball picks free baseball picks 6:40 PM, 08/02/06 (0) football betting spreads football betting spreads 5:39 PM, 08/02/06 (0) free college football picks free college football picks 5:09 PM, 08/02/06 (0) MickeyRourkejnw MickeyRourkejnw 7:08 PM, 07/25/06 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Ward, : : Recently I purchased a foreclosure. Four months after the sale the board of directors of my association met and determined that they want me to pay for the the past dues and fees. I called the assoc and explained that their claim was no longer valid due to the foreclosure. You mentioned in your class something about a case THAILER VS HOUSEHOLD FINANCE. Can you explain how this might apply. Do you know where I can view a copy of this case. I would love to show it to my association before I have to take them to court. : : Thanks BRAD : ==================== : Brad, the appellate case of Thaler vs Household Finance was certified for publication in May of 2000. The case changed the way we determine the priority of recorded HOA liens against real property here in California. Before the Thaler decision, the priority of a recorded HOA lien was determined, not by the date the lien was recorded, but, via a "relation back" theory, back to when the controlling CC&R's for the particular condo project were recorded. : So the Thaler case stands for the principle that the priority of a lien, recorded against real property in this state, is established by the date the lien itself was recorded, not when some earlier document was recorded. : I like the Thaler case finding. It's application makes it much easier to determine the relative priorities of recorded liens against the title of property–it's simply established by the chronology of the recording dates of the open, recorded liens. Relation-back theories of priority murky the waters and make title searching much more tentative and uncertain. : To find the Thaler case on the internet and download it as a PDF document, go to <a href="http://wwwfindlaw.com/california/CA02_caselaw/5_2000ca.html">http://wwwfindlaw.com/california/CA02_caselaw/5_2000ca.html</a>. : I'd be happy to hear how you fare with getting your association to reverse themselves recognize that the foreclosure of the lien that gave you title to the condo wiped off your title their subordinate, unpaid HOA lien. Please explain to them their lien still exists against the previous owner, but not against you or your title to the property. : Hope this helps. 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