Does an HOA have the right to foreclose on a house under the control of a bankruptcy court?

[RobertGBryan]

I was trying to purchase a short sale house in Las Vegas, NV for over a year. After obtaining the necessary signatures from the seller as well as a short sale approval letter, I then went out of pocket for around $1400 for appraisal, inspection, hoa transfer fees, etc., About a week before escrow was to close, the seller filed for bankruptcy. My real estate agent informed me that the HOA fees were listed as debts under the bankruptcy filing. After 3 or 4 months, the bankruptcy court (which was in CA - the seller moved there) ordered that the bank sell the house. They then proceeded to obtain a new valuation, but then the HOA foreclosed and auctioned off the house for $9,000 (nine thousand dollars). My offer for the house was for $140,000.

My questions:

1. Does an HOA have the legal right to sell a house while it is under the control of a bankruptcy court - even if the court has released the home back to the bank to be sold as part of the bankruptcy plan? Seems to me that the court still has jurisdiction here and no one should try to interfere. I seriously doubt that the HOA appeared before the court to petition it to sell the house. So, is the HOA legally ok here, or can they at least be sued, or perhaps prosecuted for interfering with a federal court order?

2. Does a Nevada house seller have a duty to sell the house for the best possible price to satisfy any existing liens and bring the highest possible satisfaction to the seller? Does it matter if the seller is an HOA or not? If so, then can it be argued that the HOA failed that duty?

3. Do I have a case against the HOA?

4. My title company tells me that they would need a quiet title court order to proceed with the sale to me. What would be involved with this and roughly how much would it cost? My hope would be that the short sale bank would pay for the cost of this. As far as I know, they have not initiated any legal action yet.

[Monkeyron]

Wow!
The seller pulled a fast one on you.
Too bad you can't get a Pro to answer this in a normal time frame. Hopefully you posted on the other forums. This one seems a bit slow.
M~R

[RobertGBryan]

What other forums would you suggest I post in?

[Monkeyron]

Well here are a few I have used. This site require I have 10 post before it allows links. Hopefully this get through this time. forum. dot com/ and worldlawdirect dot com and dot com
Good luck your you fight!
Ron

[Monkeyron]

Well here are a few I have used. This site require I have 10 post before it allows links. Hopefully this get through this time. forum. dot com/ and worldlawdirect dot com and dot com
Good luck your you fight!
Ron

[Monkeyron]

Well here are a few I have used. This site require I have 10 post before it allows links. Hopefully this get through this time. forum.andworldlawdirectand You need to separate the ands then add dotcomstoit.
Good luck your you fight!
Ron

[Monkeyron]

Well here are a few I have used. This site require I have 10 post before it allows links. Hopefully this get through this time. forumdotandthen
Good luck your you fight!
Ron

[Monkeyron]

Well here are a few I have used. This site require I have 10 post before it allows links. Hopefully this get through this time. forum. dotcom and worldlawdirect dotcom and dotcom
Good luck your your fight!
Ron

[Monkeyron]

What other forums would you suggest I post in?

Well here are a few I have used. This site require I have 10 post before it allows links. Hopefully this get through this time. http://forum. and worldlawdirect dotcom and www. dotcom
Good luck on your fight!
Ron

[Monkeyron]

What other forums would you suggest I post in?

Well here are a few I have used. This site require I have 10 post before it allows links. Hopefully this get through this time. http://forum.. and http;//www. and [url=http://www.[/url]
Good luck on your fight!
Ron

[Monkeyron]

One last time remove the spaces and add the dots
expert law
forum.free advice
world law direct
Good luck on your fight!
Ron