Need a little Detective Work

[Hugh R]

I'm the Pres of a small HOA, one of our resident's house was sold at public auction last month. The company that bought it was:

GB Inland Properties, II, LLC at 110 Lincoln Ave #100, Corona, CA 92882

They haven't contacted us about opening an escrow, and frankly with a public auction, I assume they paid cash, and may not need an escrow, I don't really know.

I'm suing the former owner in Small Claims court for about $5K in back dues and interest and penalties. I have a court date of March 4, 2013.

Normally, when a house is sold we get requests from escrow for CC&Rs, etc. Along with a request for outstanding dues. To date nothing.

I'd like to hedge my bets and try and collect the back dues+ from the buyer who I imagine will fix it up, and flip it. The interior/exterior of the house are a mess.

I can write the buyer, an investment company, a letter, certified,but I'd like to talk to them first. I've goggled, yellow and white page.com their name and can find a lot about them, regarding public auctions, but can't find a phone number.

1. Any thoughts on finding a phone number,

2. If a public auction, do they have to open an escrow,

3. Can I legally hit them up for the $5K the previous owner is liable for.

They left the doors and garage doors open and seemed to walk away yesterday. My brother, who lives on the street and I entered to secure the place.

Here are a few pics of the interior, the exterior looks just as bad. I'm guessing the average house of the street is currently worth $650K-$800K. He owed $500K and it sold at auction for $319K. They'll have to dump a good $75K into it to make it desirable to sell.

[rusnak]

You need to review the CC&Rs, and notify the new owner that the CC&Rs run with the land, and they are therefore liable. I doubt you can go after the old owner.

[Aragorn]

As to number 1, why not contact the agency or company that sold it to them and see if they will give you a contact number?

[Hugh R]

Public auction, I'll look into that.

[aigel]

Looks like someone got a great deal. I don't see any major issues that can't be fixed with some elbow grease. You should have bought the joint, Hugh, you would have sued yourself in court then!

Sorry I can't help on getting a phone number. I searched for you to the best of my abilities to no avail. Interesting concept to have a company without a phone number listed.

G

[rusnak]

Griffin Residential LLC in Corona | Griffin Residential LLC (951) 547-3500 & 110 N Lincoln Ave, Ste 100, Corona, CA 92882 | - Yahoo! US Local

[Hugh R]

Wow, thanks!

[Jim Bremner]

Everyone brings happiness to this world

Some by coming, others by leaving.

People live like that?

[Aragorn]

Originally Posted by rusnak

Griffin Residential LLC in Corona | Griffin Residential LLC (951) 547-3500 & 110 N Lincoln Ave, Ste 100, Corona, CA 92882 | - Yahoo! US Local

Outstanding and quick...

I was just going to suggest the CA secretary of state's office because it is an LLC and most states require contact information to be placed on record for service of process.

[Hugh R]

PP is amazing. I called them and got the right contact and he was very eager to work with us on renovating the house and getting it sold. He plans on putting about $50K into it, which seems about right.

As a public auction, they are not liable for the past dues, so I have to pursue the Small Claims suit. They agreed to pay the $150/month HOA dues retroactive to January 1, 2013. I'll work with them to get the POS homeowners out, which they almost are.

[rusnak]

Hugh, you have to read your CC&Rs and know them backward and forward. Usually the attorney will draft language making the lot owner liable for unpaid dues. Not saying yours did, just make sure that you know the covenants completely, and the Bylaws too for that matter.

[chocolatelab]

I would think the HOA can file a lien on the property and you will get the past dues back when the new owner flips it.

[rattlsnak]

Originally Posted by Hugh R

I'm guessing the average house of the street is currently worth $650K-$800K.

Aside from it being a mess, I can't believe a house that size costs that much! Especially after the bubble burst. That's insane. Looks like a $150k house around here!

[Dueller]

In most jurisdictions unless you have a filed lien in place at the time of the sale you are SOL. You can sue the prior owner of record when the dues were due but he's probably gone or judgment proof or both.

[speeder]

Originally Posted by rattlsnak

Aside from it being a mess, I can't believe a house that size costs that much! Especially after the bubble burst. That's insane. Looks like a $150k house around here!

You can get one like it for $3-4 million in Santa Monica north of Montana Ave. In RE, three things determine the value: location, location and location. Free people in a free market will pay $4M for a small house in Santa Monica or $150k for a house where you live. It's not the house that determines value, it's the location it's sitting on.

Maybe you could have your house moved somewhere more desirable? Might be worth it.

[aigel]

^^^ LOL, Speeder.

G

[lendaddy]

Originally Posted by speeder

You can get one like it for $3-4 million in Santa Monica north of Montana Ave. In RE, three things determine the value: location, location and location. Free people in a free market will pay $4M for a small house in Santa Monica or $150k for a house where you live. It's not the house that determines value, it's the location it's sitting on.

Maybe you could have your house moved somewhere more desirable? Might be worth it.

True, but I do often wonder why someone with $1-2 mill to spend on a house in such a great area can't afford to knock such a turd in the head and build new. That heap could be built new (construction costs only) here for $150k or so. So while it would still be a turd at least it would be a new turd

Yes I realize construction costs are more there but materials are commodities to a degree.

[faverymi]

Real Estate 101

Location Location Location.

Someone sold a parking spot around here for 250k

[john70t]

Originally Posted by rusnak

Hugh, you have to read your CC&Rs and know them backward and forward. Usually the attorney will draft language making the lot owner liable for unpaid dues. Not saying yours did, just make sure that you know the covenants completely, and the Bylaws too for that matter.

Originally Posted by Dueller

In most jurisdictions unless you have a filed lien in place at the time of the sale you are SOL. You can sue the prior owner of record when the dues were due but he's probably gone or judgment proof or both.

I would listen to the above.
It may be too late for enforcement.

[rusnak]

Originally Posted by Dueller

In most jurisdictions unless you have a filed lien in place at the time of the sale you are SOL. You can sue the prior owner of record when the dues were due but he's probably gone or judgment proof or both.

Whatever the CC&Rs say about dues will run with the land, and will apply to the new owner.