This lien clouds your title of ownership, probably because you owe the association money.
To clear the lien, pay the debt, then ask their attorney for a Release of Lien, which you can file at the local county courthouse.
This clears your title.
The effect is to cloud the title to the property. The lien must be satisfied before title can be transferred to a new owner.
Association counsel -- or the attorney who help the association place the lien, can help you release it, or instruct the owner as to how to go about this action.
An assessment lien is a legal claim on an owners property for collateral against delinquent assessments for a homeowners' association. They are provided for in the governing documents of an association.
Yes, a homeowners association lien can impede a mortgage loan. If a homeowner has outstanding unpaid dues or violations, the homeowners association may place a lien on the property. This lien takes priority over a mortgage, making it difficult for the homeowner to refinance or sell the property without addressing the lien first.
To file a lien on homeowner association you have to file at the court house.
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.
Your association counsel is best prepared to help you answer this specific question.
If your assessments and dues were overdue when you paid them and if the homeowners association has the right to assess overdue fines then the answer is yes.
Apparently the association owes a debt over which a lien has been filed. Effectively, the lien can cloud the title of all the units/ homes in the association. It is in the best interests of all the members and of the association's board to settle this matter quickly and file a release of the lien.
No. 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.
Best practices dictate that you take the lien filed against the vehicle to an association-savvy attorney and request guidance.
unsecured creditors
Yes--if a lien has been filed and remains unpaid and/or unchallenged in legal proceedings.