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Lender Foreclosures and Assessments

Posted by Joel Kriger | Jan 17, 2013

Civil Code Section 2924b was passed in January 1, 2009 which requires lenders to notify homeowners associations when they foreclose on property located within a homeowners association.  The lenders figured out how to avoid the notice requirement by foreclosing on properties and then refusing to record the transfer of ownership.  This allowed the lenders to avoid the payment of homeowner association assessments because they thought their duty to pay assessments did not begin until they recorded the deed.  We want to remind you about Civil Code Section 2924.1 that took effect on January 1, 2013.  Section 2924.1 says that lenders must record foreclosure sales within 30 days of the sale date.  In other words, once the sale is recorded, the lender must start paying assessments as they are levied by the association.

About the Author

Joel Kriger

Founder / Of Counsel Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...


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