Joint & Several Liability
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What is joint & several liability? Who owes the balance on a property when the homeowners association is due? Listen as Shawn Yesner explains the cases he's seen regarding joint & several liability when it comes to homeowners associations and who is stuck paying the balance.
To see more from this presentation at the Greater Tampa Association of Realtors:
• Greater Tampa Association of Realtors
Transcript:
When the bank takes the property back and pays the twelve months to the association. What happens to the balance, in essense? Good question. The statute says that the owner is jointly and severely liable with the previous owners. It's really, I think going to depend on counsel for the association. Some of the associations will say we bought it back you owe us X, we want to sell the property, we want to transfer the property the association might be a little more business minded, a little bit more "we want to get these property's moving," we're not property managers, we're a homeowners association and they may say you know if you want to buy it from the bank, fine, buy it from the bank, we're good to go. Other associations may say it's joint and several liability, you want to buy this house, you owe us X. Even though the mortgage company paid the twelve months or the 1%, there's still a balance owed. Mr. Buyer you want to buy the house, you owe us the balance. Based on the joint and several liability, it's really going to depend on the association, it's really going to depend on counsel for the association. But, I've seen it go both ways. I've seen both of those scenarios come up.