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Property ownership comes with potential complications. Liens, zoning restrictions, HOA rules, environmental concerns, and financial difficulties can affect what you can do with property and how you can sell it. Understanding these issues helps owners address problems and buyers avoid surprises.

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What This Section Covers

Foreclosure Process

What happens when mortgage payments stop

Short Sales

Selling for less than mortgage balance

Liens and Encumbrances

Claims against property that affect title

HOA Basics

Rules, fees, and governance in managed communities

Zoning and Land Use

Regulations controlling property use

Environmental Disclosures

Hazards, flood zones, and required disclosures

Property Disputes

Boundary conflicts, easements, and neighbor issues

LLCs and Business Structures

Holding property in business entities

New Construction

Builder contracts, warranties, and buyer protections

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Common Situations

Options include loan modification, forbearance, short sale, deed in lieu of foreclosure, or selling before foreclosure completes.
Title search reveals unpaid debts attached to property. Must be resolved before clear title can transfer.
Disagreements over rules, fines, architectural changes, or assessments. May require mediation or legal action.
Zoning laws restrict commercial activity in residential areas. May need variance or permit.
Fence, structure, or landscaping crosses property line. May require survey, negotiation, or legal action.
LLC ownership provides liability protection but creates financing and tax complications.

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Impact on Buying and Selling

For buyers:
  • Title search reveals liens, easements, and encumbrances
  • HOA documents show rules, fees, and financial health
  • Zoning affects permitted uses
  • Environmental issues may require remediation
  • Disputes may delay or complicate closing
For sellers:
  • Liens must be cleared for clean title transfer
  • HOA violations may need resolution
  • Disclosure requirements cover known issues
  • Unresolved disputes can block sales
  • Foreclosure or short sale affects credit and future buying
Most property issues can be resolved with proper handling. The key is identifying problems early and understanding available options.

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