0
Condominium owners pay assessments in order for the association to operate the community.
Boards must collect assessments, and when they are not paid, the board can file a lien for the amount due, against the title of the non-paying owner.
Best practices dictate that this is an action for association counsel, since a poorly formed or improperly formed, or poorly or improperly filed lien, gives the debtor an almost automatic out of the debt.
What else can I help you with?
Can the IRS put a lien on your home if your spouse owe and is on the deen only?
The IRS can put a lien on your home for past due child support and they will even charge interest.
Can you refile your taxes for past years?
In the US you can file a correction to your Income tax for a limited number of past years.
Is it too late to file 2008 tax returns?
No it is never too late file any of your past years income tax returns that have NOT been filed completely and correctly.
Can you file a recent Tax return now and a past years tax return later?
Yes you can do this if you choose to do it.
When purchasing a home who is responsible for past due HOA fees - buyer or seller?
The seller should pay up to and including the day of closing.
How does a condo assoc take out a lien for non payment of monthly dues?
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 -- can 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.
Can child support take your home in California?
No; however, the agency can file a lien on your home for past-due support. That lien will have to be satisfied before the home can be sold.
Can you file for bankruptcy after the condo assn files for past due assessment fees?
Of course you can. In most states, condo fees become liens on the condo, so a secured debt. You would have to file a C. 13 and plan to pay off the arrears as a secured debt.
In Florida do past due condominium association fees have a priority as to payment over a first mortgage holder in a foreclosure situation?
Your governing documents will make this clear. The state law may limit the number of month's past due assessments can be recovered. Your association's attorney can answer your question directly.
What form do you use file a lien on an HOA owner?
A lien form varies from state to state. In addition, there are specific requirements which must be followed for filing liens. To avoid any unnecessary, costly litigation, resulting from errors in preparing and filing the lien, I strongly advise the HOA to retain an attorney to file any necessary liens. Also keep in mind that attorney fees can be collected in addition to the lien amount (in most states), so the HOA will not pay any attorney fees out of pocket once the lien has been paid.You work with your association's attorney to follow the guidelines written in your governing documents to collect the unpaid assessments. Following the documented steps prior to filing a formal lien are required, in order to protect the status of your lien.One of the final steps will be to officially file a formal lien, which will cloud the unit's title and be reflected on the owner's credit report.A final step may be to sell the property in order to recover the money owed.AnswerA lien is a court generated document that is recorded in the land records to notify any potential buyers or lenders that another entity has an interest in the premises. Generally, the creditor must sue the debtor in court and win. In this case, the plaintiff would be the HOA. If successful it can then request a judgment lien. That lien is recorded in the land records. This process may vary in different jurisdictions.An HOA can record a Notice of Unpaid Dues in the land records without going to court but not a lien in most states unless it completes the civil court procedure.
Is a Home Owners Association with a vendor's lien for recreation maintenance charges able to collect past due HOA fees from the foreclosing first mortgage lender post foreclosure in Texas?
Lien priority is best determined by professionals equipped with copies of all the liens in an individual situation: there is no standard.
How does a condo association put a lien on a member that is behind on their HOA dues?
The association works with the association's counsel to pick a style of lien and file it. An improper lien or one that is not filed properly gives the owner an out. As well, be prepared to present the attorney with evidence that the association has exhausted all other means available in order to collect the past due amounts.
Can the state take your home for back child support in tx?
No; however, the State can file a lien on the home which will have to be satisfied before ownership is transferred.
Is the hoa required to notify the homeowner of a lien and by what means?
The HOA filed a lien against your title for a reason. The reason is probably past-due assessments. This action cannot be a surprise. Liens are filed by attorneys in the local hall of records, so they become public documents. An attorney who filed the lien probably extended you the courtesy of notice of the filing. If the HOA filed a lien for a different purpose that you feel is unjustified, best practices dictate that you hire counsel to fight the lien. If you prevail, you may well be awarded attorney's fees.
What is file in past tense?
"Filed" is the past tense of "file".
What does it mean if a condo association puts a lien on your condo if you haven't been able to pay your asessment fees?
As an owner, it means that your title to your unit is 'clouded' -- your title is encumbered/ not clear -- by the amount of your assessments past due and accumulating, that remain unpaid. A lien may also appear on your personal credit report if the title is in your name.
What is the maximum amount that a condo association or homeowner's association can recover via Florida's super lien statute and does it vary between HOAs and condo associations?
You have asked a complex and interesting question. It is difficult to find much information on "Super Liens" in Florida. The following is general information only and should not be construed as legal advice. If you need more detailed advice you need to consult with an attorney who specializes in real estate law in Florida.A Super Lien refers to the senior liens on a property that take priority in a foreclosure. Super Liens include the first mortgage, certain taxes and certain condominium liens in states that grant Super Lien status.In Florida, the Condominium Act grants condominium associations a type of "Super Lien" status which makes liens superior to all other liens except certain tax liens and first mortgages. The following is an excerpt from the information provided at the related link found below:"In the condominium context, if a first mortgage holder files its own mortgage foreclosure lawsuit and the property is sold at public auction, depending on who buys the property the association may recover all, some or none of the past due assessments from the new owner.If the first mortgage holder or its assignee purchases the property and the mortgage was recorded on or after April 1, 1992 or the Declaration of Condominium automatically incorporated statutory amendments then the mortgagee/purchaser is obligated to pay the lesser of the assessments, which accrued during the past 6 months or 1% of the original mortgage amount.If, however, the mortgagee purchases the property and the mortgage was recorded before April 1, 1992 and the condominium Declaration does not incorporate statutory changes then the mortgagee is not obligated to pay any of the past due assessments. If a third party bidder purchases the condominium unit at the sale then he or she is obligated to pay all past due assessments regardless of the recording date of the mortgage. Although this has always been true the Legislature recently clarified the Condominium Act to make it crystal clear that third party purchasers are obligated for all past due assessments. This can be quite a shock to the unwary bidder at a mortgage foreclosure sale of a condominium unit that owes assessments.The HOA Act does not contain similar provisions obligating foreclosing first mortgage holders to pay past due assessments. In such cases, the governing documents should be reviewed."
