Question #1

Question:

I bought a foreclosed condominium from a bank recently. After I moved in, the condo association notified me that it had filed a lien against the property for association dues the previous owner hadn't paid. He was several thousand
dollars behind when the bank foreclosed on his condo. The condo association wants to collect from me. Can the association force me to pay a debt that's not mine?

Answer:

Probably not. The priority of a lien is determined by the date it was recorded. Since the deed of trust signed to allow the original purchase of the condo would have been recorded first, it takes priority over a lien filed years later over unpaid condominium association dues. You can check your title policy to make sure the condo association lien is junior to the deed of trust lien.

Assuming it is, that means the foreclosure on the original deed of trust would have wiped out the more recent condo association lien. Neither the bank that foreclosed nor the new owner - you - can be held liable for it. The association dues do, however, remain the responsibility of the prior owner and the condominium association is free to pursue him in court. Of course, you are responsible for paying all association dues that accrued after you bought the property.