What are HOA lien rights?

HOA lien rights are the legal rights of a Homeowners Association (HOA) to secure payment of a delinquent debt, such as homeowners association fees or other unpaid monies. These lien rights are provided under Delaware law. An HOA lien is the legal claim established by an HOA against a homeowner’s property for unpaid fees, fines, or other unpaid monies. When a homeowner falls behind on their payments to the HOA, the HOA has the right to place a lien on the homeowner’s property. The lien acts as collateral for the unpaid amounts and, if not paid, can lead to foreclosure. When a lien is recorded, the homeowner is obligated to pay the amount due to the HOA in order to clear the lien from the homeowner’s property. A lien can remain on the homeowner’s property for up to seven years or until the amount is paid in full, whichever comes first. In Delaware, an HOA lien has the same priority as a mortgage. This means that if a foreclosure is initiated due to an unpaid HOA lien, the HOA would be entitled to receive payment before the mortgage lender. It is important for homeowners in Delaware to remain up to date with their HOA payments. Not only can failure to pay HOA fees result in a lien being placed on their property, but it can also affect their credit score. It is therefore essential for homeowners to understand their HOA lien rights under Delaware law and take steps to ensure that their HOA fees are paid on time and in full.

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