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Read your governing documents about filing liens for unpaid assessments, then take the documents to an attorney, who can help you file a lien. You'll also need a ledger for t…he unit owner, showing unpaid balances.
No. If the promissory note was attached to a mortgage or deed of trust, you will need to foreclose the mortgage or deed of trust. Otherwise, you will need to sue the per…son who owes you the money, and obtain a judgment. This will act as a lien on any real estate they own, and you will also have a variety of other collection options including garnishment with a judgment in hand. I suggest the use of small claims court as an inexpensive way of obtaining a judgment. It requires no attorney nor legal experience, but the maximum amount you can sue for varies from state to state. Contact your local court for details.
The statutory real estate lien form for your state. A condo is considered real property. Read your governing documents to understand the procedure required before filing a l…ien. You may need to send several letters before taking this step. As well, there may be other steps you can take should the lien remain unpaid, such as selling the unit to satisfy the debt. Best practices dictate that you work with an attorney to file this lien -- there are different kinds of liens and attorneys know which to file, and the lien amount can include the attorney's fees and expenses of filing the document.
You can find the answer you want in your governing documents. Your monthly assessments cover bills the community incurs for community services, such as master insurance pol…icy premiums, landscape services, property management services, sewer and water bills, and so forth. When you don't pay your assessments, you essentially require your neighbors to pay your bills. Your board can employ remedies necessary to collect your assessments, which may automatically be a lien on your condominium. The board can file a formal lien document with a local court, which effectively publishes your status. This clouds your property title and becomes public record. If your board is granted power in your governing documents to sell your unit in order to collect your assessments, it may choose to take this route if all other attempts fail.
You can find the answer you want in your governing documents. Usually, assessments automatically represent a lien against the title, and the board -- with its attorney -- ca…n file a formal lien with the hall of records where the unit's deed is filed, for unpaid assessments. An attorney who represents condominium associations in your area can help you file the necessary lien, given appropriate records to indicate non-payment of assessments owed and unpaid. In addition, be prepared to show evidence of the association's attempts to collect past-due assessments.
The answer depends on whether you have filed a lawsuit and won on the debt yet or whether the work you performed in cleaning was in connection with the performance of a …construction contract. If you already have a judgment, you may file a judgment lien. If you performed the work in connection with the completion of a construction contract, you will have mechanic's lien rights. If the work is just regular maintenance or office type cleaning, a mechanic's lien is not available. If you have a judgment and the person that you have the judgment against owns real property you can file the judgment lien against the real property they own, whether or not it is the property that you improved. This is not true with a mechanic's lien, you can only lien the property you worked on. I have attached some articles that I have written for the Builders Exchange Magazine on Mechanic's liens that you may find helpful.
Read your governing documents to identify your responsibilities for paying the garbage bill. If you owe it, and if you have ignored the association's attempts to… collect it, expect that a lien will be filed. If you are not responsible for the garbage bill, you can consult with counsel to protest the lien. If you prevail, the association may be responsible for reimbursing your legal expenses.
Yes. The association can file a lien on your unit's title, which clouds it and which shows up on your credit rating. Read your governing documents to remind yourself of your… contract with the association to pay your assessments, which the association uses to pay the expenses of operating the community. Further, understand that a lien may not be the final step that the association can take to collect this debt that you owe; the association may be able to foreclose on your property and sell it to retire the debt.
Read your governing documents to understand what's legal in your community and state. Usually, the association's attorney gives notice, which is required, with an opportunity… given to the errant owner to make an arrangement to bring the account current. Once this process is complete, if the unpaid assessments remain unpaid, then the attorney can file a formal lien with the local courthouse.
You need to sue in civil court first and obtain a judgment. Then you can request a judgment lien.
If 'we' is the association board, then this task is best accomplished with the help and knowledge of an association savvy attorney. There are official and formal steps that m…ust be followed in advance of filing a lien, that must bear legal scrutiny in order for the lien to be valid. These steps are detailed in your governing documents. An individual owner must work through the board in order to file a lien.
Yes. Read your governing documents to confirm that any monies you own the association, whether they be in the form of a regular assessment, special assessment or fine, consti…tute a 'statutory lien' on your property. You agreed to this process when you purchased your unit. The final action the association can take -- after other notification procedures -- is to file a formal lien with the local court, so that officially, your title is clouded based on your failure to pay.
Regardless of the state where the real estate is located, read your state law and governing documents to identify the responsibilities of the board, of the owner and of the li…en process involved. There is no standard, every state is different and communities within each state have unique governing documents that address unpaid assessments. If you are a board member, best practices dictate that you work with your association's association-savvy attorney to file the proper lien -- there are many kinds and types of liens, and to confirm in advance of filing, that the board has followed all the steps necessary in advance -- with no success in collection. These steps are outlined in your community's governing documents. Your attorney will add fees and filing expenses, which will be added to the amount owed in unpaid assessments.
The State child support agency can do this.
Best practices dictate that you engage your association counsel to help you in this matter. There are different kinds of liens, and if you expect to collect past-due assessmen…ts, process and procedure can be 'everything'. Generally, there is no time limit, but allowing the non-payment situation to drag on limits the association's ability to operate, unless there is another source of income. Management companies need to be careful about timing of registering liens for arrears. See related link.
You have to sue them in small claims and do most of it online. Check fees on your courts homepage. If you win you get a judgement and then can file a lien if they don't pay. I…f they owe you more than filing fee, file. If they can';t prove they paid wages you can prove you earned, you have it in the bag.