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Rather, because the state does not give HOA liens priority status, in Georgia, HOAs tend not to foreclose on their liens.Even if you are current on your mortgage payments, the failure to pay your dues and assessments can lead to foreclosure or to garnishment of your wages and/or bank account.
HOA Liens. A lien is a legal claim or hold on a piece of property.In essence, a HOA will go to court over a homeowner member's delinquent dues and attempt to convince the court to issue a judgment. HOAs can record judgments that they obtain against homeowner members against those members' homes.
In Georgia, an HOA or COA must judicially foreclose an assessments lien, and foreclosure isn't permitted unless the amount of the lien is at least $2,000.
Liens Wiped Out, Not Debt The HOA first sends you a notice of the delinquent fees and ways to resolve the debt.Foreclosure by a mortgage lender wipes out the HOA lien, but doesn't resolve the debt itself.
HOAs are funded by dues from homeowner members, but when those members are delinquent on their payments, HOAs can take certain actions, such as placing liens on members' homes. These liens result from court-ordered money judgments and can lead to HOA foreclosure.
Because the Declaration was recorded before the second mortgage, the HOA lien is technically "senior" to that mortgageeven if the HOA lien was recorded after the second mortgage. So, the second-mortgage lien would then be wiped out in an HOA's foreclosure.
To remove a lien on a property, homeowners must first satisfy the debt owed to the homeowners association. To pay off an HOA lien, the homeowner must make payment to the association in the amount of the delinquent assessments, plus interest and any applicable fees.
In Georgia, a creditor can garnish the lesser of 25% of your disposable income or the amount by which your disposable earnings exceed 30% of federal minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.