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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default Obtaining Ownership Through Foreclosure of a HOA Lien

    My question involves business law in the state of: South Carolina

    1) If there is a HOA in South Carolina that is willing for transfer one of their HOA liens over to me, is it better to request them to sell it to me:

    (a) through an HOA public auction through their trustee, OR
    (b) assign the lien to me first, and foreclose myself (culminating in a public auction through a trustee I choose myself)

    One of the advantages to just getting the lien assigned over to me is that they do not need board approval to do that. The advantage to having them do a public auction (which probably needs to happen no matter which option is chosen) is they take care of the trustee, the auction...etc ...perhaps less hassle for me.

    How can I achieve obtaining the title using option (a)? (ignore the fact there may be superior liens)

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,954

    Default Re: Buying and Enforcing HOA Liens

    It's best that they follow proper procedures and conduct an arm's length sale. I cannot see their bylaws from here, so I'm not going to comment on what they require. I also don't know if you have some sort of relationship with one or more of the board members that may be implicated.

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