Condominium Foreclosure Laws and Regulations

Learn where to find condominium foreclosure law information

By Sandy Baker
Condominium foreclosure laws vary from state to state. Individuals who will be exposed to the ramifications of foreclosures in these units or who wish to purchase these foreclosed units should consult with an attorney prior to doing so. It is important to understand the condo association's requirements and state laws governing the situation.

Condominium foreclosure laws and regulations state who is required to be notified of the pending foreclosure. They also provide information on how the foreclosure is handled within the condominium association. Keep the following in mind when looking for information regarding these laws and regulations:

1. Realize that state laws supersede any condominium association's regulations in condominium foreclosure.

2. Know that, in most cases, the mortgage lender is required to notify all parties who have an interest in the condominium of the pending foreclosure.

3. Determine if the association will purchase the condominium foreclosure directly, which is often the case in larger complexes.

 

Consider state condominium foreclosure laws and regulations

It is particularly important to learn the state's laws regarding the sale of condominium property through foreclosure. Lenders often have the right to sell such property, but the process of notifying and following the condominium association's requirements may different from one state to the next.
Try: Learn about the state's condominium foreclosure laws. The State of New Jersey defines the laws regarding mortgages on condominiums in detail at their website. The Arizona State Legislature provides various condominium rulings including the rights of the lender. To see them, scroll down to Chapter Nine of Title 33.

Investigate condominium foreclosure laws and regulations through attorneys

Attorneys can help a business, a lender or a consumer learn their rights in the foreclosure process. They also enable parties to come together to determine the best outcome in the situation. Some attorneys specialize in condominium association laws, including foreclosure laws and regulations.
Try: Examine options in the situation with an attorney. The Law Offices of Elliot Green specializes in foreclosures in New York. They work with the property owner to find a solution available to them when facing imminent foreclosure. For those in Illinois, the Law Offices of Katie Newsham helps individuals and property owners to handle foreclosures on residential properties including condominiums.

Work with groups and attorneys specializing in condominium foreclosure and laws

Some groups work closely with individuals, condominium associations or the lenders of condominium loans to help ensure their clients are well represented. Those who need help oftentimes require immediate, specialized help to resolve conflicts quickly and legally.
Try: Seek out trusted and experienced professionals in condominium law. Kaman & Cusimano works to defend homeowners' associations and condominium associations in Ohio. They specialize in aiding condominium associations to resolve foreclosures and other legal requirements. In Michigan, Pentiuk, Couvreur & Kobiljak provides aid to boards of condominium associations and their management companies in all aspects of condo law, including foreclosures.