---
title: "Bucking the HOA system: Delinquent condo association unit owner tries bankruptcy, foreclosure, and buy back at sheriff's sale"
description: Delinquent condo association or HOA unit owner tries to wipe the slate clean by bankrupting himself, putting condo unit in foreclosure only to buy back at sheriff&#39;s sale
---

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# Bucking the HOA system: Delinquent condo association unit owner tries bankruptcy, foreclosure, and buy back at sheriff's sale

| [Budgets & Finance](https://www.condoassociation.com/blog/topic/budgets-finance) |   [Fees, Foreclosures, Delinquencies & Collections](https://www.condoassociation.com/blog/topic/fees-foreclosures-delinquencies-collections) |  

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## What do you think? Question:

When an owner of a unit in a [condo association](https://www.condoassociation.com/CondoAssociation/tabid/83434/Default.aspx) or HOA is delinquent in paying his [condo maintenance fees](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Condo+Fees) and then the property goes into foreclosure, then to a sheriff's sale can the [HOA](https://www.condoassociation.com/CondoAssociation/tabid/83434/Default.aspx) force the new owner to pay the past HOA dues of the previous owner as a condition of the sale? We are in the state of Indiana.

I have tried to get someone in the industry to tell me exactly what a sheriff's sale involves (including the sheriff's office that I called 4 days ago have not heard back from yet) and so far I haven't been able to get any answers.

Last week the owner of the condo unit said that the information regarding his unit going to sheriff's sale is a mistake but as of today the [delinquent property](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Deliquencies) is still being shown on the list for the Feb. 2 sale.

There must be some way to get information about what [liens](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Liens) are required after the amount listed by the sheriff is met and the highest bidder takes ownership. I have been told that the owner who is not the [developer](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Developer+Transitions), bought the condo unit through his business or LLC and intends to [bankrupt](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Bankruptcy)[ the condo unit](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Bankruptcy) to buy it back through another business he currently owns for pennies on the dollar. As a matter of fact he may have already bankrupted that shell and thus sending the [property into foreclosure](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Foreclosure). That sounds illegal.

How much access to that type of information am I able to obtain before the sheriff's sale. I just want to know if there are going to be complications after the fact if I am the highest bidder on the property. Can the sheriff's sale be cancelled at any time prior to the sale and if so under what conditions would it be?

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## What do you think? Answers (7)

#### What are your thoughts on this topic?

***Comments and postings are not legal advice**, but are the opinions of our readers. This forum and its contents are being monitored. Please be respectful of each other. *  
  

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### [What happens in a sheriff's sale of property?](https://www.condoassociation.com/blog/what-happens-in-a-sheriffs-sale-of-property)

### [Should balconies be considered in calculating condo fees?](https://www.condoassociation.com/blog/should-balconies-be-considered-in-calculating-condo-fees)

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