Barker Martin

Condo-HOA Blog - AlexisDucich

Foreclosure: Judicial vs. Non-Judicial

In both Washington and Oregon, community associations that have lien rights for nonpayment of assessments have two options when considering foreclosing on units or lots: judicial or non-judicial foreclosure. Whether a foreclosure is judicial or non-judicial is significant as each have their own processes, procedures, and timelines for terminating the owner's ownership interest in the property. read more

New Case Law Involving Chapter 13 Bankruptcy Debtors

The 9th Circuit United States Court of Appeals issued an opinion recently in Goudelock v. Sixty-01 Association of Apartment Owners holding that an owner's personal obligation to pay assessments that become due after the debtor has filed a Chapter 13 bankruptcy are dischargeable under ยง1328(a) of the Bankruptcy Code. This means that if an owner receives a discharge in a Chapter 13 bankruptcy case filed in Washington, Oregon, Alaska, Arizona, California, Hawaii, Idaho, Montana, or Nevada, that owner will no longer be personally obligated to pay any post-petition assessments. read more

Redemption Period after a Sheriff's Sale

After a judgment and decree of foreclosure was entered, a sheriff's sale was held where you were the winning bidder/purchaser, but when do you actually become the legal, title owner of the property? read more

Lien for Unpaid Assessments

Under Oregon state law, condominium associations and homeowner associations have an automatic lien against the unit or lot for unpaid assessments. In Washington, a condominium association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due. Unfortunately for Washington homeowner's associations, the state law is silent and does not specifically provide that the homeowner's association has a lien against the lot for unpaid assessments. However, most of the time, the association's specific governing documents will create a lien for the unpaid assessments. For Washington homeowner's associations, you will need to look at your association's governing documents to determine whether your association has a lien for unpaid assessments. read more

Automatic Bankruptcy Stay

This week, I am digging deeper into the bankruptcy world to discuss the Automatic Bankruptcy Stay. I'm guessing you are not a stranger to this term and that at some point you have been told that you cannot do "XYZ" because of the Automatic Bankruptcy Stay. But, what is that? read more

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