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Did you know …SCW isn’t in the business of foreclosures

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by Marion Mosley, Community Relations chair

What in the world is going on? I suppose most of you have read or heard of the article in the Arizona Republic regarding HOAs.  I bet you didn’t know an HOA could file for foreclosure on your home? It’s happening all over the state and also nationwide. Our neighbor, Sun City Grand, has even done a foreclosure on one of its homeowners. One foreclosure listed in the paper was executed for as little as $1,200. Investors are standing in line to take advantage of the great deals being offered during foreclosure auctions.

So, are you getting nervous yet? Well, stick around and hopefully I can ease your mind. Before I get into this article too far, I need to ask that you read all of this article as I will be providing information that you may need to know.

First of all, how many of you know that our community, much like many others, is governed by CC&Rs (Covenants, Conditions and Restrictions) and Bylaws? These documents are our lawful guides and are adhered to closely. If you are unaware that you have one, go back to that big packet of information you received when you closed on your home. If you can’t find it, you can call the Recreation Centers for a copy.

Now, let’s get into the meat of the subject. Sun City West is nearing its 40th anniversary and has never filed a foreclosure against a resident and has no intention of doing so. That’s right, the Recreation Centers’ policy is to do anything it can to resolve resident issues, and foreclosure isn’t in the plan.

Having said this, we all need to understand the guidelines. Let me explain how the system works. The Recreation Centers, by definition of the CC&Rs and Bylaws, can place liens on residential properties. That can occur in two ways. Let’s assume that you, for whatever reason, neglect your yard and let it grow out of control, or you decide to build unapproved structures on your property and do not comply with the rules. You can receive a notice that the item must be cleaned up or removed. 

Also, let us assume that you decide to run a business from your home, and that business creates a distraction to the neighborhood. You will be asked to cease that business or face fines that could result in a lien or fines from the Association’s attorney.

The other way a lien can be placed on your home is if you are delinquent in paying your dues. This is the most common way liens and/or fines are placed on property.

Now, I said earlier that the Recreation Centers does not file foreclosure notices on properties. There is one way that could happen. If an occurrence is so egregious that the Recreation Centers has no choice, then a foreclosure may be filed. The issue would have to be extremely serious for such an event to happen.

Are you feeling better now? You can rest assured that the Recreation Centers does not practice such rigid measures as filing foreclosures on our residents. That doesn’t mean that residents can abuse the rules that govern our community. If you are subject to situations that result in possible fines or having a lien placed on your home, please address it. If you have any questions about what to do in case this happens, call or come in to the Recreation Centers office. Staff will be more than happy to assist you.

As always, your comments to my articles are always welcome.

 

  1. And that’s why SCW is such a great community. We all had choices and we chose SCW!

  2. Why do you not foreclose on those that have not paid their rec fees for years? We that do should not have to cover for the ones that don’t. I was in the mortgage / finance business for some 40 years and believe me that if you kept missing payments you were foreclosed on in a heartbeat. If people cannot afford to live here for whatever reason then maybe they should not be living here. Sound harsh, you bet! I will pretty much bet that if they miss a few car payments, the car is gone.

  3. Wayne Nelson says:

    Very interesting. I think this type of document relays more important info to the general owners. I’m going to copy this document, keep it for myself then ask my friends and neighbors if they are aware. THANKS FOR KEEPING US AWARE.

  4. Hi Larry. The foreclosure option is certainly open to us, but we have not had to use it. That’s not to say we don’t lien a property. We have placed a lien on properties on several occasions when fees are past due. We recoup the dues and the late fees in time. Yes, we have to wait a little longer in some cases to collect, but we do not have to deal with messy and expensive court cases. Additionally, the negative publicity that comes with foreclosing on an elderly resident is very, very difficult to overcome, no matter how justified we might be. We have found it is better to wait it out, since we are still able to collect our money, including late fees – without losing much of that money to attorneys and much of our reputation to bad publicity.

  5. Dave Poling says:

    Very well done Marion. This is information that all homeowners need to have and understand. It is one of the reasons that this is a really great community!

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