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Homeowner Defenses That Could Be Used in the HOA Foreclosure Process. As an HOA Board member you may be faced with the task of having to make the decision to foreclose on homes in your association. Weâve all been challenged by the financial climate these last few years and it is going to take some time to bounce back.
However, often the mere threat of foreclosure, no matter the contractorâs lien position, can be enough incentive for the homeowner to resolve its issues with the contractor. In addition to foreclosing its mechanics lien, a contractor can bring breach of contract and unjust enrichment claims against the homeowner at the same time it seeks to foreclose its mechanics lien.