The document discusses an HOA lien investment program offered by Aria Financial. It provides benefits such as guaranteed high returns between 12-18%, pre-vetted investments, property management to ensure renters, and secured/insured investments. The program allows investors to purchase HOA liens before properties go to auction at discounted prices. This provides opportunities for quick profits as the investors earn dividends while waiting for bank foreclosure proceedings, which can take years. The Aria Group manages the program and provides legal and real estate services to investors.
2. BENEFITS TO ARIA FINANCIAL LIEN INVESTMENT PROGRAM
• GUARANTEED 12%-18% RETURNS
• INSIDE ACCESS : LIENS PURCHASED PRE AUCTION
• INVESTMENTS POOLED WITH OTHER LOCAL ASSETS
• ALL INVESTMENTS PRE VETTED
• PROPERTY MANAGEMENT TEAM GUARANTEES RENTERS FOR DURATION OF INVESTMENT
• NO HIDDEN FEES
• SECONDARY SALE AND FINANCE PROVIDED
• 100% SECURED AND INSURED INVESTMENTS
• UNEQUALED LEGAL FORECLOSURE ABATEMENT SYSTEM
• NO DOWN TIME : START EARNING DIVIDENDS MONTH ONE
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
3. Contact : THE ARIA GROUP
Telephone : (949) 910-2940
Email : info@TheARIAGroup.co
Website : www.TheARIAGroup.co
FOR IMMEDIATE RELEASE
August 13, 2013
THE ARIA GROUP CREATES ARIA FINANCIAL L.L.C.
AvailabletoPassiveInvestorsNationwide
Beverly Hills, California (PRWEB) February 18, 2013— THE ARIA GROUP has served Real Estate Investor
clients for many years and the addition of the ARIA Financial LLC HOA Lien Investment Program is a natural
progression. Now, in addition to offering superior Real Estate legal, transaction and compliance services,
THE ARIA GROUP will also provide clients with Passive HOA Lien Investment Opportunities nationwide.
“Our vision of making real estate investing simple, providing investors with more
transparent access to passive investments, and reducing check sizes way below
$50k or $100k for a single investment has become a reality.”-Paulina Ghaneian,
CEO, The Aria Group LLC.
HOA Lien Investing through ARIA Financial LLC is incredibly quick and secure. Investors
perform due diligence, sign legal paperwork online and transfer funds almost immediately.
THE ARIA GROUP has properties secured with existing tenants where there is existing cash-
flow. Investors begin receiving dividends month one.
THE ARIA GROUP is the premier full-service, mortgage investigation and discovery firm in the United
States specializing exclusively in mortgage origination, securitization and assignment compliance and
offering a full suite of services to support Realtors, Law Firms and Real Estate Investors. Our professionals
have years of experience in finance and mortgage banking, consisting of subject matter experts, attorneys
with considerable compliance experience, former regulators and former S.E.C. compliance executives who
have created comprehensive auditing, discovery and document systems designed to yield the quickest
and most favorable results to our Investor clients and the Realtors and Law Firms that represent them.
If you would like more information about the ARIA Financial LLC OA Lien Investment Program,
please contact THE ARIA GROUP at 949-264-2022or email atinfo@TheARIAGroup.co
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
4. In the past, HOA foreclosures were relatively rare since the property being foreclosed upon
by the HOA usually had equity and an owner would cure the default of the lien prior to
letting the home go to foreclosure by the HOA.
Since the housing crisis began, HOAs have found themselves in a difficult situation in regards to
foreclosures because most of the homes where the owner let the HOA foreclose didn't have any
equity in them because the owner owed more money on the home than it was worth. So if the
HOA foreclosed they would be the owner (in most cases) of a property subject to a first deed of
trust that owed more money than the HOA could sell the property for leaving the HOA now
upside down in the property with no way to recoup their losses.
However, THE ARIA GROUP has recently found that purchasing HOA past due amounts
(arrearages) directly from the Associations, even if there is more money owed on the
property than it is worth is a good investment since the lenders who are owed the money on
the first do not value time. Therefore, ARIA investors, or potential owner/occupants, can
buy occupancy or control of a property and either rent the property out or live in the
property while the lender goes through the extremely slow process of a bank foreclosure.
Many times, ARIA will work with lenders to come to some sort of an agreement for a purchase
and even if they cannot come to an agreement the investor recoups their money plus a large
profit waiting for the bank to finish their foreclosure process. THE ARIA GROUP has been
successful in delaying foreclosure for clients for years in most cases.
Remember, ARIA is not obligated to pay the loan that is owed against the property nor is
there any negative ramifications to our investor’s credit.
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
5. Homeowners in condominiums and certain neighborhood communities pay homeowner
association (HOA) fees to cover maintenance and repairs of common areas. HOAs can take
action if you don't pay your mandatory fees, including foreclosing on your home, even if
you're current on your mortgage
Foreclosure Authority
A homeowners association's authority to foreclose on your home for unpaid fees comes from its
own bylaws and state law. When you buy into a community with an HOA, you agree to abide
by the HOA's fee requirements found in its bylaws. The courts also tend to side with
homeowners associations in foreclosure matters when it comes to defaulted fees. States like
California place a number of requirements on HOAs that they must meet before foreclosing for
unpaid fees.
Current Mortgages
Generally, homeowner associations are very aggressive about collecting late fees and dues. In
certain cases, an HOA may seek collection action even if you're only a month late on your
fees. A homeowners association also isn't under any obligation to take into account that you're
paying your mortgage on time.
After all, homeowner communities and homeowner associations don't survive on member
mortgage payments; they survive on the fees members must pay to them.
Avoiding Foreclosure
The simplest way to avoid a homeowners association foreclosure for defaulted fees is to pay the
fees in arrears. In California, for example, HOA foreclosure actions are canceled once you pay
your defaulted fees. California HOAs also can't foreclose on your home until you owe at least
$1,800 or you're at least 12 months behind on your fees, as of August 2012. State laws
regulating just when HOAs can foreclose vary widely.
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
6. Caution and Recommendation
HOAs can only initiate foreclosure proceedings if the past-due assessments total at least
$1,800 before any interest, late penalties or attorney fees are included, or if the fees are more
than 12 months overdue under
1367.4 (b) of the California code. The association cannot levy any assessment that is more than
the amount necessary for the service to which the fee applies. Thirty days prior to starting the
foreclosure process, the HOA must send the unit owner an itemized statement of the past-due
fees, the method of calculation used to determine the unit owners charges and an overview of
the lien enforcement process by certified mail.
Rights of the Owner
States often allow homeowners associations to take homeowner members to court to recoup
fees in arrears. Plus, HOAs normally are permitted to file liens against member homes even
for small amounts of delinquent fees. A lien on your property's title must be settled once you
sell your property, usually from sale proceeds. If you're in danger of falling behind on your
homeowner association fees, contact your HOA to explain the situation and see what can be
done.
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
7. Does an HOA Foreclosure Deed Supersede a First
Mortgage Deed?
A community establishes a homeowners association (HOA) to govern what can and can't be
done in the community. In addition, an HOA determines the rules for community use of
commonly shared or owned property. If you have an HOA and fail to keep up with dues you
owe to it, the HOA can foreclose on your property. When an HOA successfully forecloses your
property, it becomes the new owner responsible for any mortgage payments.
HOA Dues
If you belong to a homeowners association, you have a duty to pay your HOA dues. In turn,
homeowners associations have a duty to collect member dues. HOAs are accountable to all
members of the community served by the HOA. Homeowners association dues go to pay for
things like grounds upkeep and community pools. In certain cases, HOAs are also very quick to
take action if even one payment is missed.
HOA Foreclosure
Where allowed, homeowners associations typically seek foreclosure through non-judicial means.
California, for example, allows HOAs to foreclosure non-judicially, or without the courts, for
unpaid dues. However, California HOAs can't foreclose until the debt for the dues reaches
$1,800 or the debt is at least 12 months old. In most states, including California, when an HOA
forecloses a property, it becomes the new property owner. Because the HOA is the legal
property owner, it's also responsible for any mortgage payments.
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
8. HOA Deeds
When a homeowners association successfully forecloses a property, it receives a deed that still
contains all other liens. In order for an HOA to sell off a property it foreclosed, it would have
to satisfy all senior liens on the deed. Senior liens on a deed include mortgages (first, second
and so forth). HOAs often foreclose a property and try to sell it quickly, settling any deed liens
in the process.
Foreclosures and Redemptions
Foreclosures by homeowners associations for small amounts of unpaid dues do occur. Also,
mortgage lenders have been known to foreclose against an HOA that's foreclosed and taken a
property for unpaid dues. You can stop your HOA from foreclosing on your property for unpaid
dues by paying them at any time. Lastly, certain states like California feature HOA foreclosure
redemption periods. California's HOA foreclosure redemption period for homeowners is 90
days.
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
9. The FHA Guidelines for HOA Liens
The Federal Housing Administration (FHA), a part of the Department of Housing and Urban
Development, writes mortgage insurance policies on home loans in the United States, giving
lenders protection in the case of homeowners defaulting on their loans. Lenders must meet FHA
requirements to be eligible for the mortgage insurance program. They also must follow FHA
policy on condominium title transfers that occur after a condo Homeowner Association (HOA)
puts a lien on a property for non payment of HOA fees.
HUD Mortgage Letter
HUD set out new FHA guidelines for HOA liens in a June 2012 mortgage letter to lenders
issuing FHA approved mortgages. The letter referred to changes in policy regarding title
transfers on condo properties that have HOA lien. It was the first such policy change from
HUD since 2002.
Borrower Responsibility
HOA fees are not items that are paid from an escrow account for FHA insured mortgages. The
FHA considers payment of HOA fees the sole responsibility of the borrower.
Default Scenario
In case of borrower default and subsequent foreclosure proceedings on an FHA insured
mortgage, the FHA requires lenders to name and serve the HOA as part of foreclosure
proceedings to dismiss or reduce HUD's liability for overdue HOA fees. The lender pays any
outstanding HOA fees upon completion of a foreclosure sale. Lenders must protect HUD's
interests in the case of any condo HOA bringing foreclosure proceedings where a mortgage
backed by FHA insurance is involved. HUD requires all HOA liens to be removed before it
takes over title on foreclosed condos, effectively leaving the lender to either negotiate removal
of fees or pay them.
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
10. Lender Fee Recovery
HUD repays lenders for HOA fees occurring between the foreclosure date and the date of
title transfer to HUD, as well as interest and penalties run up by the former condo mortgage
holder.
Effects on Condo Owners
For condo owners being foreclosed upon, the HOA has a legal right to attempt collection of
unpaid fees from you. They may bring legal action or refer the matter to a collection agency.
For buyers of foreclosed condos, the issue of unpaid HOA fees is settled prior to purchase.
Buyers should investigate the financial state of the HOA before buying a condo.
4000 Birch Street Suite 101 • Newport Beach • California • 92660 (949) 264–2022 fax (888) 818-6524
www.TheARIAGroup.co info@ TheARIAGroup.co
11. Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures | Ballard Spahr
http://www.ballardspahr.com/alertspublications/legalalerts/2013-03-19-residential-lenders-in-nevada-losing-out-in-hoa-lien-foreclosures.aspx[9/30/2013 12:08:13 PM]
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In New York:
In recent months, homeowners associations (HOAs) in Nevada have been
foreclosing on their liens for delinquent assessments. HOAs are a part of
everyday life for homeowners and lenders in Nevada, but the recent trend of
HOA foreclosures has come with an alarming new hitch.
In a number of situations, “investors” and other third parties have bought
residential properties out of these HOA foreclosure sales for a small fraction of
the properties' worth. These third-party purchasers then purport to own the
property outright—free and clear of the lender's first mortgage. Subsequently,
they file suit to quiet title to the property in their name, in an attempt to wipe
out the mortgage and certain other liens on the property.
The purchasers rely on an ambiguity in Nevada’s HOA lien statutes that
contradicts the mortgagee protection clause generally included in an HOA’s
controlling documents. Success by a purchaser in such a quiet title action will
result in the extinguishment of a lender’s mortgage. Even if the purchaser is
unsuccessful, the quiet title action may still prevent the lender from foreclosing
during the course of the litigation.
Nevada law provides that a borrower's payment obligation to the HOA is
intended to pay for things such as maintaining common areas, assuring that
neighbors pull their weeds and contributing to the cost of a gate guard. If
homeowners live in a development with an HOA, they must pay regular
monthly assessments to the association so it can enforce regulations that are
intended to foster a pleasant and uniform way of life. When a homeowner (the
borrower with a mortgage or deed of trust in favor of the lender) does not pay
the assessments, the HOA is entitled to declare the homeowner in default and,
ultimately, to foreclose upon the corresponding HOA lien if the assessment
remains unpaid.
Before this recent uptick in quiet title lawsuits, lenders often disregarded HOA
foreclosure sales as not affecting their first lien mortgages, relying on a
customary—as opposed to a literal—reading of statutes. Most lenders’
interpretation of Nevada HOA lien law differs strikingly from the arguments
being advanced by the current purchasers. In addition, lenders relied on
“mortgagee protection” clauses included in an HOA’s controlling documents,
which generally protect the rights of first lien mortgage holders in the event of
an HOA foreclosure.
Bruce F. Johnson
Abran Vigil
Mortgage Banking
Real Estate
Visit CFPB Monitor, our blog on the
Consumer Financial Protection
Bureau >
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Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures
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12. $1.2 Million Home Purchase Cost Investors $10K - ABC News
http://abcnews.go.com/Business/12-million-home-purchase-cost-investors-10k/story?id=14162107[9/30/2013 12:20:16 PM]
NOW CHICAGO TRAIN CRASH • GOVERNMENT SHUTDOWN • BRIDGET JONES • SNOOP DOGG'S SON • KATE UPTON
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Investors Purchase $1.2 Million Home for
$10K
By LYNEKA LITTLE
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At the Hillsborough County, Fla., courthouse bidders line up twice a day to buy distressed
properties, including homeowner association foreclosures. HOAs foreclose on homes after the
owner fails to pay association fees.
The HOA foreclosures are attracting investors who often take temporary ownership of the
property and rent it out until the bank gets around to foreclosing on its mortgage.
One group of investors has purchased 71 properties valued at $8.2 million for $220,000,
according to the St. Petersburg Times.
The group's big purchase this year: A four-bedroom bay-front home in Apollo Beach, Fla.,
valued at nearly $1.2 million sold for $10,010 to FYM Inc.
"We have a crowd of people that come in every day and it's usually the same crowd --
sometimes a couple more and a couple less," says Dana Caranante, director of the Circuit
Court Division.
Investors purchase the deed or title to the property and are able to rent the property until the
lender forecloses, which can take up to two to three years. In the meantime, investors are able
to recoup the price paid to the HOA and make a profit, sometimes in a matter of months.
The story was first reported in the St. Petersburg Times.
In 2010, there more than 8,000 properties sold at auctions held by the Hillsborough Circuit
Investors at FYM Inc. purchased the $1.2 million bayfront home in Apollo Beach, Florida for $10,010.00 in
February.
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13. http://www.mysanantonio.com/business/local/article/Homeowners-loss-is-firm-s-gain-4832738.php[9/30/2013 12:00:46 PM]
BUSINESS > LOCAL BUSINESS
Homeowners' loss is frm's gain
BY PATRICK DANNER, VALENTINO LUCIO : SEPTEMBER 21, 2013
: Updated: September 24, 2013 2:11pm
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MORE INFORMATION
A little-known San Antonio company has built an
enterprise that profits from others' misfortune.
DTND Sierra Investments LLC has bought about
250 properties from homeowners associations
that have foreclosed on residents who didn't pay their HOA fees.
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Photo By Lisa Krantz/San Antonio Express-News 1 of 13
Krystal Perry packs her car with a few of her remaining belongings on her last day to pick them up outside her
former home in San Antonio last week. Her home was purchased by an investment company after she and her
husband failed to pay their Homeowners Association fee.