HOA Judicial Foreclosure and Sheriff Sale Timetable

HOA Lawsuit
90 Days to 150
Automatic Stay
15 Days
Sheriff Sale Starts
15 days
Sheriff Sale
110 days
Continuances
Sale Date
Junior Lienor
Redemption Period
Title Vests
8 Business Days
Confirmation
Deed

Lawsuit filed by HOA seeking an Order for a Sheriff’s Sale (time estimates vary)

To foreclose its assessment lien, an association must first get a Court order allowing the Sheriff to set a sale date

Sheriff sales are very similar to public trustee sales

The owner and other named parties can defend the lawsuit – extending the time to get the order

If no answer is filed, the association may be able to get an order by default in 3-5 months

The Court’s order cannot be enforced until 15 days after it has been entered

The Sheriff sale is started with entry of a Court order (allowing a sale)

The Sheriff must start the process and set a sale date within 10 days after receiving the order from the HOA’s attorney

The initial sale date will be no less than 110 days from the start of foreclosure

The owner may payoff or “cure” the debt owed to the HOA up to 15 days prior to sale

At the sale, the Sheriff issues a Certificate of Purchase to the highest bidder

HOAs typically bid the sums due the HOA

The HOA can continue or postpone a foreclosure sale date for any reason for up to 12 months from the initial sale date

A bankruptcy filing by the owner can extend the time that the sale can be postponed

Any junior lienholder is entitled to redeem if they file an intent to redeem within 10 days (8 business days) after the date of the Sheriff sale

The Sheriff sets redemption time lines based on the number of intents filed

The title vests 8 business days after the sale, unless a junior lienholder redeems the property

If redeemed, the title will vest at the end of the redemption period

A Confirmation Deed is to be issued to the holder of the Certificate of Purchase no less than 9 business days after the sale

A Certificate of Redemption (effectively, a deed) is to be issued to any junior lienholder that redeems

Total Projected Time: 328 days (11 months) to 513 days (17 months).  Delays are probable, due to the Court, Sheriff and other factors.

Orten Cavanagh & Holmes, LLC
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