Q: Couple was behind in their HOA fees, and wife died during discovery of a foreclosure proceeding initiated by HOA.
How will this affect the mortgagee's (i.e. Association) ability to foreclose on the condominium property if: (a) the property was owned in tenancy by the entirety; or (b) conveyed to heir(s) via intestate succession? I am an intern at Three Rivers Legal clinic. Our client would like to stall proceedings as much as possible to avoid a foreclose proceeding, and possibly catch up with missed payments. He is an elderly man and obviously wants to retain possession of his condo.
A: Normally a guardian ad litem will be appointed to investigate who will inherit the decedent's interest. Once the GAL reports back to the court, the plaintiff will be able to go ahead with its case.
A: Well the association is not a mortgagee, they provided no money to earn a lien/mortgage. They have a right to a statutory lien for assessment pursuant to the Statutes, Section 720. Property owned by tenancy by the entirety cannot be conveyed without the other owner (husband or wife respectively) to heirs. Ie. one cannot strip their spouse of rights to the marital home. Any such conveyance would be void. If she died without a will he inherited the whole title via intestate. It likely will not slow down the foreclosure case as the court will appoint a guardian ad litem (attorney) to represent her interests in the property/case. A payment plan should be negotiated for him ASAP rather than dragging it out causing more periodic assessments to build up and more attorney's fees just increasing the total.
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