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Of the two foreclosure methods available to community associations in California, we prefer non-judicial foreclosure for its efficiency and cost benefits. Non-judicial foreclosure tends to get to the point quicker, and as a result, often times leads to matters being resolved much sooner than in a judicial foreclosure. That's not to say judicial foreclosure should never be used. There is indeed circumstances which we recommend proceeding with a lawsuit over a private sale, and each case is throughly reviewed before a course of action is recommend. Properties that are "under water," accounts that have significant compliance issues, or issues with title, are just some reasons we would recommend an association utilize judicial foreclosure over non-judicial.  

The idea behind any foreclosure action is to make the association whole monetarily. The purpose is not to take  an owners' house, but to elicit payment from a delinquent owner so the association can continue to operate as intended. Foreclosure is serious, and the California Legislature gave community associations the ability to foreclose assessment liens because it understood the importance assessments play in an association's ability to operate. 

Tier 1 Collections HOA Community Assesment collections
Suburban Family Home

Preparation of all pre-foreclosure statutory documents

Non-Judicial foreclosure

Judicial foreclosure

Post-judgment enforcement (including bank levies, wage garnishments, real property levy, etc.)

Small Claims

Lien recording

Pre-foreclosure payment plans

Payment plan monitoring

Monitoring subject property sales through escrow

Bankruptcy monitoring (Chapter 7, 11, and 13)

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