Litigation happening in this complex in Encinitas?

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Submitted by nomaddmh on April 10, 2009 - 1:14pm

Hi fellow Piggs, I need some help/info from someone in the know. Can someone tell me what litigation if any is going on with the HOA at the Pacific Pines complex in Encinitas?

Here's one of the listings there, but my buyer's agent says that it won't qualify for an FHA loan since it's under litigation.

I'm interested in the complex, but not if there's ongoing problems with it. Anyone?

Thank you.

Submitted by Portlock on April 10, 2009 - 2:08pm.

Hi Nomad -

I went and saw that listing, and talked to one of the neighbors. She said there is indeed litigation ongoing and believed it was related to pool repair, since that amenity hasn't been open for a while.

She cautioned that any property purchase should include dilgence with property management regarding other potential lawsuits in motion and when they expect to be resolved...

My question is, can you not negotiate to lock in your HOA rate as an owner who bought after the litigation began? Why should a new owner be held accountable in a lawsuit that originated before you even got there?

She also mentioned 'mold' as one reason why the listing wasn't selling, but didn't go into too much more detail...

Submitted by SD Realtor on April 10, 2009 - 2:56pm.

The listing agent did not give to much information about the litigation. However, based on the fact that there is any litigation at all, that is an FHA showstopper. Using FHA or VA to get through short sales is a little more challenging because these loan vehicles will impose requirements on the condition of the property that many short sale lenders will not want to cope with when they are reviewing offers. The same is true for REO properties as well. So you need to be selective with what you are looking at and definitely make sure you update your lender with the condition of the home AND that you call the listing agent to check with them about the seller being okay with FHA or VA. It will save you time in the long run.

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