What happens when BOTH the lender and HOA have filed a non-judicial foreclosure?

Question

Our house is in foreclosure and we are attempting to work with the lender. However, they are so inundated with the number of files their negotiators have to work with that they can't seem to get to us...we've been told to "sit tight" multiple times over the last 9 months. I call every week and am now leaving messages with their legal liaison versus the workout department. He has assured us he will continue to postpone a "sale date" until we have had the opportunity to talk with the negotiator. However, now we have gotten a notice from the HomeOwners Association indicating they will be "selling" the house to the highest bidder. Would the HOA be able to procede with foreclosure sale if filed after the mortgage lender?

Answer 1

If you owe the Home Owners Association (HOA) money and they have a lien on your home they might be able to proceed, but I don’t understand how it would make sense.  The bank must hold the first mortgage and any proceeds from selling the house would have to go to paying off the first mortgage before the HOA could get anything.  

It could be a bluff to see if they can get any money out of you.  

But your best bet is to talk to an attorney about where you stand and what rights you have.