What's the difference between bank foreclosure and homeowner's association foreclosure?

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Question:

What's the difference between bank foreclosure and homeowner's association foreclosure?

Answer:

Banks and homeowners associations are simply two different creditors that each have contracts allowing them to place liens on the property and foreclose on it for payments not made.  A bank uses a contract called a security agreement combined with a mortgage, both of which are filed in the local property records.  These filings create a legal lien against the property, and both documents give the bank a right to foreclose if payments are not made in accordance with the agreement.  A homeowners association uses an agreement, as well, with by-laws or covenants that allow it to place a lien against the property for unpaid dues and other fees associated with membership in the homeowners association.    Foreclosure by either entity constitutes enforcement of the contract terms, via a sale made pursuant to the creditors’ lien rights in the property.

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