Liens in Title Transfers

We are not attorneys and are expressing our experienced
opinions within these answers.
If you are concerned, please contact an attorney for clarification.

A lien doesn’t have to be removed before the property is transferred. The lien simply remains on the property and the new owner of the specific property has to deal with it. If the new owner wants to transfer the property to someone who wants a clear title, the lien has to be paid off. However, the original owner (person who incurred the debt) is still liable for those made before the date of recording the deed.

You are responsible for any fees up to the date that the foreclose [includes normal transfer] deed was filed, but none afterward. If you are being sued for fees owed afterward, or even if some fees are before and some after, I highly recommend that you hire an attorney to assist you. An answer must be filed with the court and served upon the HOA or their attorney within 30 days of the date you were served or you will waive any defenses you may have and they will receive a judgment against you even if you don’t really owe them. If all of the fees are post foreclosure, you may even be entitled to have them pay your attorneys fees for having to defend a suit which should never have been brought.
Robert M. Gardner Jr., Bankruptcy Attorney in Winder, GA, posted the following on Jan 23, 2013