Gotta love HOA's...

rockcity said:
If I get a lien on my property, I'm in default; its in the paperwork. Tell me again underwriters having issues with leins inaccurate?
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no you aren't

If you get a HELOC or a 2nd mortgage either would apply a lien.
If you have a conventional or FHA or VA mortgage none of the lenders care about any subsersive positions.
 
oh yeah

another gem from my attorney

another possible remedy is to sue the HOA in the United States District Court (not state court) alleging that the HOA's "no rental" policy violates the Fair Housing Act.


You could alleged that "protected clases" of people are more likely to be renters and that theHOA's "no rental" policy "has a discriminatory effect where it actually or predictably results in adisparate impact on a group of persons or creates, increases, reinforces, or perpetuates segregated housing patterns because of race, color, religion, sex, handicap, familial status, or national origin." See Code of Federal Regulations § 100.70(d)(5) and § 100.500 (a). Seehttp://portal.hud.gov/hudportal/documents/huddoc?id=discriminatoryeffectrule.pdf
 
Problem with your argument is the bank agrees to those liens and they are placed there based on their concurrence.

A court issued $20k lien on the house they loaned $ on to without their consent, well the homeowner is now in default. :)
 
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