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Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.
An improperly filed, improper lien may afford the debtor defense against your claim.

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10y ago

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Should homeowners be able to do what they want with their property?

As long as it is legal and you have no liens on it.


What type of lien should a homeowners association file for overdue fees?

A homeowners' association would file a labor and materials lien entitled Assessment Lien. See the HOA covenants for more information on liens. I would recommend that the HOA retain a real estate attorney to prepare and file the liens.


What are liens on property owner in an association?

Liens cloud the title to the condominium, meaning that the property owner owes a debt based on that property which must be paid in order to clear the title. Liens are also public record and may appear on owners' credit reports.


How does a homeowners association place a super lien against a property?

Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action. An improperly filed, improper lien may afford the debtor defense against your claim.


If a property is willed to someone do they inguire the liens on the property?

If the property is subject to active liens, generally the devisee will acquire the property subject to those liens.


Can the property of the same person be attached twice to satisfy debt?

Yes. One of the debts will be subordinate to the other, but you can have multiple liens on property.


What can a homeowners association do if your home is for sale and you do not pay?

It can place a lien on your property that must be paid from the proceeds of the sale.Also, the buyer's bank will require a title examination to disclose any liens, encumbrances or defects in the title. One of the responsibilities of the buyer's attorney is to make certain there are no common charges or municipal charges due. The seller must clear up any liens or encumbrances that are reported.


Where do you get forms for homeowners association liens on condos?

Filing a lien on an owner's title is a specialized action that is best performed by an attorney schooled in common interest communities. Filing the wrong lien, improperly, will jeopardize the association's standing in the matter.


How do you file lien for failure to pay homeowners association dues in South Carolina?

Association assessments and liens against them are very specific in their legal attributes. Best practices dictate that you work with association counsel to file the proper lien, properly. There are many types of liens and several ways to file them. A mis-filed, inappropriate lien can give the owner a valid defense against the lien.


Can you file a quit claim and give the property to the other owner?

Yes, if you own the property outright with no liens or other interests.Yes, if you own the property outright with no liens or other interests.Yes, if you own the property outright with no liens or other interests.Yes, if you own the property outright with no liens or other interests.


What to do if there is a lease agrement and the owner dies and there is no will and liens on the property?

If the liens predate the lease then the property will likely be sold to satisfy the creditors.If the liens predate the lease then the property will likely be sold to satisfy the creditors.If the liens predate the lease then the property will likely be sold to satisfy the creditors.If the liens predate the lease then the property will likely be sold to satisfy the creditors.


If ex husband signed the property over to you by quitclaim deed are his liens still on property?

Yes. The liens are attached to the property. You should insist that the liens be paid before the transfer.