Whose Lien is it for and What does it mean to Homeowners Association to enforce foreclosure

A Comparative Analysis of Approaches to Homeowner Association Lien Priority between Japanese and American law

Abstract

This note has analyzed two different jurisdictions, Japan and U.S., with respect to HOA lien priority and whether the interest of a first mortgage or deed of trust may be extinguished under first-in-time jurisdictions favor a lender’s interest to the detriment of HOAs. An outcome from our comparative analysis is that both face common difficulties in prioritizing which lien, lender or HOA, should be protected from extinguishment. There are no clear answers for this question and might be carefully considered in the contest of social equity and justice. This leaves further investigation into lien cases in both countries.