Escrow & Title
In New York, a 'super-priority lien' held by a homeowners association (HOA) allows the HOA to:
AOverride all other liens on the property
BIn some states, collect unpaid assessments from mortgage proceeds with priority over the first mortgage; New York does not have a statutory super-priority HOA lien✓ Correct
CTake ownership of a unit without court approval
DCharge interest on unpaid assessments above the legal rate
Explanation
Unlike some other states, New York does not grant HOAs a statutory super-priority lien over first mortgages for unpaid assessments. In New York, HOA liens are generally subordinate to first mortgage liens.
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