WRONGFUL FORECLOSURE BY HOMEOWNER ASSOCIATIONS IN HAWAII
Owners of condominium apartments or townhomes in Hawaii who lost their homes through a nonjudicial foreclosure conducted by a homeowner association for nonpayment of common expenses may be entitled to monetary damages. In some cases, homeowners may even be entitled to recover their homes.
What occurs in a nonjudicial foreclosure is that a public auction is conducted by an attorney for the homeowner association without any oversight by a court. Often, the homeowner association is the only bidder for the property as it is sold subject to existing mortgages and often the winning bid is One Dollar.
The reason homeowners who lost their homes as a result of a nonjudicial foreclosure is that many homeowner associations failed to strictly comply with the procedures they or their attorneys were required to follow and, where that occurs, homeowners who lost their homes may be entitled to recover their homes as well as the rental value of their homes from the date of the foreclosure until their title is restored.
If you lost your home through a nonjudicial foreclosure, you may be entitled to recover your losses, even if the mortgage on your home was subsequently foreclosed by the lender. You must act quickly, however, because the time for taking action is running out. The attorneys at Imanaka Asato LLLC are currently assisting homeowners who are seeking to recover their homes or monetary damages and would be pleased to provide you with more information. Contact us for a free consultation with no obligation.