Billikan
TUG Member
- Joined
- Jul 6, 2017
- Messages
- 21
- Reaction score
- 13
- Points
- 113
- Resorts Owned
-
Wyndham Branson Meadows
Wyndham Kingsgate
Sheraton Vistana Villages
Westin Flex
Westin Aventuras
This is dependent on the path the HOA takes to foreclose. They may choose the path of foreclosing on the "bankrupt" estate. However, since the HOA has knowledge of the death, intestate status, many years of payment by OP, etc. they may pursue the OP as owner by operation of law and foreclose on the OP. Who would you choose to pursue if the HOA where your client? It be up to the OP to defend their position if they choose to pursue them and they will be immediately on the defense. If after notice and service on the OP they fail to respond or appear at the foreclosure it will be viewed by the court as an admission. They OP needs to decide if they want risk this or if they want to open a small estate probate in SC, obtain clear title, and then use or legally dispose of the deed. My advise is typically not to let others determine your fate. One is typically better off being proactive and protecting their rights and interests rather than letting the chips fall where they may.I revised/edited after your "like" to include...
It may actually be in the OPs interest to not end up on the deed as would be needed to resell, It might be best to move right to non payment and foreclosure.