Nonjudicial Foreclosure:

How to Weaponize Ignorance, Break the Law, and Pretend It’s Business as Usual


You know what’s cute?

Watching a bloated HOA and their glorified rent collectors at RLJ attempt to illegally foreclose on my home through a nonjudicial foreclosure process that explicitly violates California Civil Code § 5725(b)—and then pretend like it’s all above board.

Let’s make this real clear, in case anyone on that board is confusing their delusions of power with actual legal knowledge:

Nonjudicial foreclosure is strictly limited to unpaid assessments. Period.
That means dues. Not fines. Not penalties. Not late charges. Not made-up numbers pulled from the moldy attic of your imagination.

Per California Civil Code § 5725(b):

"An association may not collect a monetary penalty imposed for a violation of the governing documents through a lien or through foreclosure of a lien under Sections 5700 to 5740, inclusive."

That means fines CANNOT be included in a trustee sale, no matter how badly you want to scare owners into submission.

But hey, don’t take my word for it. Read it yourself:
https://www.davis-stirling.com/tabid/3846/Default.aspx#axzz2CgHrcBrn

Still with me? Good.

Let’s also talk about late fees and interest on fines. Can’t do it. Can’t legally justify it. But they’re trying anyway because nothing says “we have no idea what we’re doing” like slapping a 10% late fee on a fine that can’t even be enforced through a lien.

This isn’t just incompetence.
It’s intentional overreach, likely guided by someone who once skimmed a CC&R and now fancies themselves a lawyer.

Do you want to run your complex like a rental property? Fine. But don’t confuse HOA dues with rent, and don’t confuse “property manager” with “deity.” Because the moment you file a nonjudicial foreclosure on a fraudulent lien, you open yourself up to:

  • Civil liability for wrongful foreclosure,

  • DRE complaints,

  • Punitive damages,

  • And a little something I like to call public exposure.

Because let’s be honest—this isn’t just about me anymore. This is about a pattern. A long-standing one. A documented one. And I’ve got receipts.

If you’ve received foreclosure paperwork from your HOA and it includes fines, you need to know:

  1. That lien is invalid.

  2. They’re bluffing.

  3. You have legal rights.

  4. You are not alone.

This blog is the first in a series. I’m done letting these boardroom bullies push residents out of their homes using fear, fraud, and fake authority.

To the HOA:
Governing documents do not trump state law.
You may want to review your playbook—before a judge does it for you.

Stay tuned. ShIt’s about to get real.


Please share! I can't stop these people without your help!

https://givesendgo.com/GF7H9?utm_source=sharelink&utm_medium=copy_link&utm_campaign=GF7H9

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