Aria Financial HOA


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The Aria Group's methodology to obtain control of properties by buying out the delinquent HOA fees developed by COO Brian Kissinger.

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Aria Financial HOA

  3. 3. Contact : THE ARIA GROUP Telephone : (949) 910-2940 Email : Website : FOR IMMEDIATE RELEASE August 13, 2013 THE ARIA GROUP CREATES ARIA FINANCIAL L.L.C. AvailabletoPassiveInvestorsNationwide Beverly Hills, California (PRWEB) February 18, 2013— THE ARIA GROUP has served Real Estate Investor clients for many years and the addition of the ARIA Financial LLC HOA Lien Investment Program is a natural progression. Now, in addition to offering superior Real Estate legal, transaction and compliance services, THE ARIA GROUP will also provide clients with Passive HOA Lien Investment Opportunities nationwide. “Our vision of making real estate investing simple, providing investors with more transparent access to passive investments, and reducing check sizes way below $50k or $100k for a single investment has become a reality.”-Paulina Ghaneian, CEO, The Aria Group LLC. HOA Lien Investing through ARIA Financial LLC is incredibly quick and secure. Investors perform due diligence, sign legal paperwork online and transfer funds almost immediately. THE ARIA GROUP has properties secured with existing tenants where there is existing cash- flow. Investors begin receiving dividends month one. THE ARIA GROUP is the premier full-service, mortgage investigation and discovery firm in the United States specializing exclusively in mortgage origination, securitization and assignment compliance and offering a full suite of services to support Realtors, Law Firms and Real Estate Investors. Our professionals have years of experience in finance and mortgage banking, consisting of subject matter experts, attorneys with considerable compliance experience, former regulators and former S.E.C. compliance executives who have created comprehensive auditing, discovery and document systems designed to yield the quickest and most favorable results to our Investor clients and the Realtors and Law Firms that represent them. If you would like more information about the ARIA Financial LLC OA Lien Investment Program, please contact THE ARIA GROUP at 949-264-2022or email 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  4. 4. In the past, HOA foreclosures were relatively rare since the property being foreclosed upon by the HOA usually had equity and an owner would cure the default of the lien prior to letting the home go to foreclosure by the HOA. Since the housing crisis began, HOAs have found themselves in a difficult situation in regards to foreclosures because most of the homes where the owner let the HOA foreclose didn't have any equity in them because the owner owed more money on the home than it was worth. So if the HOA foreclosed they would be the owner (in most cases) of a property subject to a first deed of trust that owed more money than the HOA could sell the property for leaving the HOA now upside down in the property with no way to recoup their losses. However, THE ARIA GROUP has recently found that purchasing HOA past due amounts (arrearages) directly from the Associations, even if there is more money owed on the property than it is worth is a good investment since the lenders who are owed the money on the first do not value time. Therefore, ARIA investors, or potential owner/occupants, can buy occupancy or control of a property and either rent the property out or live in the property while the lender goes through the extremely slow process of a bank foreclosure. Many times, ARIA will work with lenders to come to some sort of an agreement for a purchase and even if they cannot come to an agreement the investor recoups their money plus a large profit waiting for the bank to finish their foreclosure process. THE ARIA GROUP has been successful in delaying foreclosure for clients for years in most cases. Remember, ARIA is not obligated to pay the loan that is owed against the property nor is there any negative ramifications to our investor’s credit. 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  5. 5. Homeowners in condominiums and certain neighborhood communities pay homeowner association (HOA) fees to cover maintenance and repairs of common areas. HOAs can take action if you don't pay your mandatory fees, including foreclosing on your home, even if you're current on your mortgage Foreclosure Authority A homeowners association's authority to foreclose on your home for unpaid fees comes from its own bylaws and state law. When you buy into a community with an HOA, you agree to abide by the HOA's fee requirements found in its bylaws. The courts also tend to side with homeowners associations in foreclosure matters when it comes to defaulted fees. States like California place a number of requirements on HOAs that they must meet before foreclosing for unpaid fees. Current Mortgages Generally, homeowner associations are very aggressive about collecting late fees and dues. In certain cases, an HOA may seek collection action even if you're only a month late on your fees. A homeowners association also isn't under any obligation to take into account that you're paying your mortgage on time. After all, homeowner communities and homeowner associations don't survive on member mortgage payments; they survive on the fees members must pay to them. Avoiding Foreclosure The simplest way to avoid a homeowners association foreclosure for defaulted fees is to pay the fees in arrears. In California, for example, HOA foreclosure actions are canceled once you pay your defaulted fees. California HOAs also can't foreclose on your home until you owe at least $1,800 or you're at least 12 months behind on your fees, as of August 2012. State laws regulating just when HOAs can foreclose vary widely. 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  6. 6. Caution and Recommendation HOAs can only initiate foreclosure proceedings if the past-due assessments total at least $1,800 before any interest, late penalties or attorney fees are included, or if the fees are more than 12 months overdue under 1367.4 (b) of the California code. The association cannot levy any assessment that is more than the amount necessary for the service to which the fee applies. Thirty days prior to starting the foreclosure process, the HOA must send the unit owner an itemized statement of the past-due fees, the method of calculation used to determine the unit owners charges and an overview of the lien enforcement process by certified mail. Rights of the Owner States often allow homeowners associations to take homeowner members to court to recoup fees in arrears. Plus, HOAs normally are permitted to file liens against member homes even for small amounts of delinquent fees. A lien on your property's title must be settled once you sell your property, usually from sale proceeds. If you're in danger of falling behind on your homeowner association fees, contact your HOA to explain the situation and see what can be done. 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  7. 7. Does an HOA Foreclosure Deed Supersede a First Mortgage Deed? A community establishes a homeowners association (HOA) to govern what can and can't be done in the community. In addition, an HOA determines the rules for community use of commonly shared or owned property. If you have an HOA and fail to keep up with dues you owe to it, the HOA can foreclose on your property. When an HOA successfully forecloses your property, it becomes the new owner responsible for any mortgage payments. HOA Dues If you belong to a homeowners association, you have a duty to pay your HOA dues. In turn, homeowners associations have a duty to collect member dues. HOAs are accountable to all members of the community served by the HOA. Homeowners association dues go to pay for things like grounds upkeep and community pools. In certain cases, HOAs are also very quick to take action if even one payment is missed. HOA Foreclosure Where allowed, homeowners associations typically seek foreclosure through non-judicial means. California, for example, allows HOAs to foreclosure non-judicially, or without the courts, for unpaid dues. However, California HOAs can't foreclose until the debt for the dues reaches $1,800 or the debt is at least 12 months old. In most states, including California, when an HOA forecloses a property, it becomes the new property owner. Because the HOA is the legal property owner, it's also responsible for any mortgage payments. 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  8. 8. HOA Deeds When a homeowners association successfully forecloses a property, it receives a deed that still contains all other liens. In order for an HOA to sell off a property it foreclosed, it would have to satisfy all senior liens on the deed. Senior liens on a deed include mortgages (first, second and so forth). HOAs often foreclose a property and try to sell it quickly, settling any deed liens in the process. Foreclosures and Redemptions Foreclosures by homeowners associations for small amounts of unpaid dues do occur. Also, mortgage lenders have been known to foreclose against an HOA that's foreclosed and taken a property for unpaid dues. You can stop your HOA from foreclosing on your property for unpaid dues by paying them at any time. Lastly, certain states like California feature HOA foreclosure redemption periods. California's HOA foreclosure redemption period for homeowners is 90 days. 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  9. 9. The FHA Guidelines for HOA Liens The Federal Housing Administration (FHA), a part of the Department of Housing and Urban Development, writes mortgage insurance policies on home loans in the United States, giving lenders protection in the case of homeowners defaulting on their loans. Lenders must meet FHA requirements to be eligible for the mortgage insurance program. They also must follow FHA policy on condominium title transfers that occur after a condo Homeowner Association (HOA) puts a lien on a property for non payment of HOA fees. HUD Mortgage Letter HUD set out new FHA guidelines for HOA liens in a June 2012 mortgage letter to lenders issuing FHA approved mortgages. The letter referred to changes in policy regarding title transfers on condo properties that have HOA lien. It was the first such policy change from HUD since 2002. Borrower Responsibility HOA fees are not items that are paid from an escrow account for FHA insured mortgages. The FHA considers payment of HOA fees the sole responsibility of the borrower. Default Scenario In case of borrower default and subsequent foreclosure proceedings on an FHA insured mortgage, the FHA requires lenders to name and serve the HOA as part of foreclosure proceedings to dismiss or reduce HUD's liability for overdue HOA fees. The lender pays any outstanding HOA fees upon completion of a foreclosure sale. Lenders must protect HUD's interests in the case of any condo HOA bringing foreclosure proceedings where a mortgage backed by FHA insurance is involved. HUD requires all HOA liens to be removed before it takes over title on foreclosed condos, effectively leaving the lender to either negotiate removal of fees or pay them. 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  10. 10. Lender Fee Recovery HUD repays lenders for HOA fees occurring between the foreclosure date and the date of title transfer to HUD, as well as interest and penalties run up by the former condo mortgage holder. Effects on Condo Owners For condo owners being foreclosed upon, the HOA has a legal right to attempt collection of unpaid fees from you. They may bring legal action or refer the matter to a collection agency. For buyers of foreclosed condos, the issue of unpaid HOA fees is settled prior to purchase. Buyers should investigate the financial state of the HOA before buying a condo. 4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524 info@
  11. 11. Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures | Ballard Spahr[9/30/2013 12:08:13 PM] People Entire Site Advanced Search The Firm People Practice Areas Success Stories Careers Alerts & Publications Legal Alerts Articles Brochures Events & News Diversity Pro Bono Offices In New York: In recent months, homeowners associations (HOAs) in Nevada have been foreclosing on their liens for delinquent assessments. HOAs are a part of everyday life for homeowners and lenders in Nevada, but the recent trend of HOA foreclosures has come with an alarming new hitch. In a number of situations, “investors” and other third parties have bought residential properties out of these HOA foreclosure sales for a small fraction of the properties' worth. These third-party purchasers then purport to own the property outright—free and clear of the lender's first mortgage. Subsequently, they file suit to quiet title to the property in their name, in an attempt to wipe out the mortgage and certain other liens on the property. The purchasers rely on an ambiguity in Nevada’s HOA lien statutes that contradicts the mortgagee protection clause generally included in an HOA’s controlling documents. Success by a purchaser in such a quiet title action will result in the extinguishment of a lender’s mortgage. Even if the purchaser is unsuccessful, the quiet title action may still prevent the lender from foreclosing during the course of the litigation. Nevada law provides that a borrower's payment obligation to the HOA is intended to pay for things such as maintaining common areas, assuring that neighbors pull their weeds and contributing to the cost of a gate guard. If homeowners live in a development with an HOA, they must pay regular monthly assessments to the association so it can enforce regulations that are intended to foster a pleasant and uniform way of life. When a homeowner (the borrower with a mortgage or deed of trust in favor of the lender) does not pay the assessments, the HOA is entitled to declare the homeowner in default and, ultimately, to foreclose upon the corresponding HOA lien if the assessment remains unpaid. Before this recent uptick in quiet title lawsuits, lenders often disregarded HOA foreclosure sales as not affecting their first lien mortgages, relying on a customary—as opposed to a literal—reading of statutes. Most lenders’ interpretation of Nevada HOA lien law differs strikingly from the arguments being advanced by the current purchasers.  In addition, lenders relied on “mortgagee protection” clauses included in an HOA’s controlling documents, which generally protect the rights of first lien mortgage holders in the event of an HOA foreclosure. Bruce F. Johnson Abran Vigil Mortgage Banking Real Estate Visit CFPB Monitor, our blog on the Consumer Financial Protection Bureau > Subscribe to the blog via e-mail > BACK TO BALLARD SPAHR LLP | NATIONAL LAW FIRM > P E O P L E R E L A T E D P R A C T I C E S Share Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures by Abran Vigil and Bruce F. Johnson Keyword Search
  12. 12. $1.2 Million Home Purchase Cost Investors $10K - ABC News[9/30/2013 12:20:16 PM] NOW CHICAGO TRAIN CRASH • GOVERNMENT SHUTDOWN • BRIDGET JONES • SNOOP DOGG'S SON • KATE UPTON Like 1.5m SIGN IN HOME VIDEO U.S. WORLD POLITICS ENTERTAINMENT TECH HEALTH LIFESTYLE SHOWS MORE 1 Investors Purchase $1.2 Million Home for $10K By LYNEKA LITTLE Like 134 57 At the Hillsborough County, Fla., courthouse bidders line up twice a day to buy distressed properties, including homeowner association foreclosures. HOAs foreclose on homes after the owner fails to pay association fees. The HOA foreclosures are attracting investors who often take temporary ownership of the property and rent it out until the bank gets around to foreclosing on its mortgage. One group of investors has purchased 71 properties valued at $8.2 million for $220,000, according to the St. Petersburg Times. The group's big purchase this year: A four-bedroom bay-front home in Apollo Beach, Fla., valued at nearly $1.2 million sold for $10,010 to FYM Inc. "We have a crowd of people that come in every day and it's usually the same crowd -- sometimes a couple more and a couple less," says Dana Caranante, director of the Circuit Court Division. Investors purchase the deed or title to the property and are able to rent the property until the lender forecloses, which can take up to two to three years. In the meantime, investors are able to recoup the price paid to the HOA and make a profit, sometimes in a matter of months. The story was first reported in the St. Petersburg Times. In 2010, there more than 8,000 properties sold at auctions held by the Hillsborough Circuit Investors at FYM Inc. purchased the $1.2 million bayfront home in Apollo Beach, Florida for $10,010.00 in February. Google Maps HOT RIGHT NOW 1 Motorcyclists Pull Driver from Car in NYC, Beat Him After... 2 Mystery of Chicago's Runaway Train Crash 3 The Social Climber: Snoop Dogg's Son Calls Coach's Firing... 4 Gridlock Over Obamacare as Deadline Looms 5 'Feisty' Woman Disappears From Hospital Bed YOU MIGHT ALSO LIKE... Navy Siblings Reunited After 30 Daryl Hannah Reveals Her Autism Search
  13. 13.[9/30/2013 12:00:46 PM] BUSINESS > LOCAL BUSINESS Homeowners' loss is frm's gain BY PATRICK DANNER, VALENTINO LUCIO : SEPTEMBER 21, 2013 : Updated: September 24, 2013 2:11pm Comments 0 E-mail Print 1 MORE INFORMATION A little-known San Antonio company has built an enterprise that profits from others' misfortune. DTND Sierra Investments LLC has bought about 250 properties from homeowners associations that have foreclosed on residents who didn't pay their HOA fees. Latest Business Videos Hot Topics Exchanges confusing Medicare recipients State Fair's car show likened to candy store Disney's family-friendly duo are hits Subscribe to Express-News : Find&Save : Classifieds : Obituaries : Celebrations : Place a Classified Register : Sign InLike 3.5k September 30, 2013 San Antonio's Home Page 88°   F Clear Web Search by YAHOO! Local Directory Home Local US & World Business Sports Food Entertainment Lifestyle Opinion Cars Jobs Homes Recommend 16 Photo By Lisa Krantz/San Antonio Express-News 1 of 13 Krystal Perry packs her car with a few of her remaining belongings on her last day to pick them up outside her former home in San Antonio last week. Her home was purchased by an investment company after she and her husband failed to pay their Homeowners Association fee.