Foreclosure Trustee Sale on a Mechanic Lien in state of Texas


#1

In the state of Texas a Trustee Sale was conducted due to a foreclosure on a Mechanic Lien because the homeowner died and after the death of the homeowner no further payments were made on the mechanic lien nor the 1st lien holder ( the mortgage a FHA loan). The home is purchased by individual at the Trustee Sale and the purchaser accepts the home and the 1st lien (mortgage). Is that purcahser responsible for the HOA debt of the deceased previous owner ( the back dues, fees and fines)? Is there a case law to support to support fact that new owner of the home is not responsible for HOA debt of previous owner ?


#2

Hi Dee,
In CA the HOA lien is typically junior to any Deed of Trust. The laws in Texas can be very different than in CA. I would suggest contacting your local title company. They should be able to tell you if the foreclosure wiped out the past due HOA dues on this specific property.