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A lien is used to prevent sale of a property until a debt is paid. This has nothing to do with priority over a mortgage. The HOA agreed to release the lien for some payment. The negotiation of that payment doesn't matter to the new buyer. Once the lien is released, then it is no longer listed with the county on the property, so the property can now be sold....


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In a case such as this one, the answer boils down almost entirely to the exact language of the easement recorded in the public records, sometimes in a separate instrument, sometimes as writing on a recorded plat map, and sometimes both (and if it is in both places but the language isn't the same, you've got a real mess). No statute or case law principle can ...


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