Challenging Ideas On Root Issues Of Paid Skiptracing Tools

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strips a mortgage lender of its first deed of trust when a homeowners’ association forecloses on the property based on delinquent HOA dues. Before it was amended, it did so without regard for whether the first deed of trust was recorded before the HOA dues became delinquent, and critically, without requiring actual notice to the lender that the homeowners’ association intends to foreclose. We hold that the Statute’s “opt-in” notice scheme, which required a homeowners’ association to alert a mortgage lender that it intended to foreclose only if the lender had affirmatively requested notice, facially violated the lender’s constitutional due process rights under the Fourteenth Amendment to the Federal Constitution. We therefore vacate the district court’s judgment and remand for proceedings consistent with this opinion. The decision itself stems from a case that involved an attempt to quiet the title on a home purchased at a HOA foreclosure auction. The home in question had a mortgage loan for $174,000 from Plaza Home Mortgage. The beneficial interest in the noted and deed was subsequently assigned to Wells Fargo in 2011. After the homeowner, Renee Johnson, fell behind on her HOA payments, the HOA in question, Parks Homeowners’ Association, recorded a notice of delinquent assessment lien for $1,298.57 in August 2011. In October 2011, Parks recorded a notice of default and election to sell. Then, on April 9, 2012, Parks recorded a notice of Skiptracing trustee/foreclosure sale against the property. The Horse Pointe Avenue Trust then paid $4,145 for the home at a homeowners’ association foreclosure sale, before conveying its interest in the property totheBourne Valley Court Trust, which then filed an action to quiet title and extinguish any other junior liens.

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