How do you fight an unfair property lien?

Answer 1

I suspect you mean is what you feel is an unfair property tax assessment that is now a lien against the property.

Generally, all areas work similarly, and the amount of either a real or personal property assessment is provided to you buy mail and public notice, and you have a certain period of time to protest to the assessing jurisdiction (tax assessor), or it becomes final and is used to determine the tax on the property, that the tax collector must collect, using all available means. that normally simply means sending a bill. The laws are written that you cannot protest the bill/assessment amount after that period. No one even has the authority to hear or act on the complaint.

However, you can protest it the nest year, when you receive the notice of assessed value. Its actually pretty simple in most places, with the first few steps being fairly informal. Meet with the assessor, explain why the assessment was wrong...pointing out things like he didn';t consider that your property is smaller than the others, your house doesn't have a basement and most of the others do, etc. But understand, you must show that your property is appraised unfairly in comparison to the others in the area...it has nothing to do with how much tax you pay or your ability to pay it. That you protest in elections and political campaigns and community involvement. And of course, if you mean some creditor has gotten the right to lien your property for a debt you haven't paid, or apparently responded to notices about them acting to enforce...well...better get a lawyer to prove the lien action is illegal...as it seems someone showed the court there is a debt (these liens just don't happen without someone proving a justification)...and you ain't paying it. Again, your failure to respond previously is an obstacle to overcome.

Answer 2

Talk to the HOA. They will likely be willing to settle. If you need a 3rd party to help you settle, consider mediation. Mediation is where a neutral 3rd party helps you and the HOA come to a mutually acceptable agreement. Otherwise, wait--liens expire if not foreclosed in a certain time frame (8 mos. in WA). Talk to an attorney (or post a comment on my messageboard) for more info.

Answer 3

You need to review the rules and regulations of the homeowners association. It generally has the right to record a lien against your property for non-payment of common fees and assessments. Those subdivision schemes generally contain language similar to the example below. When you purchased your property you agreed to be bound by any homeowners association rules and regulations recorded by the developer. If you believe any of the provisions violate any state law you have the right to initiate a court action to render that portion unenforceable. However, you also need to weigh the legal costs against the amount of the lien. You should seek the advice of an attorney to determine what your options are. The answer may be a simple one. Example: [ Enforcement and Attorneys

Answer 4

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.

Answer 5

HOAs are pathetic tin pot tyrannys. They routinely ignore the law and anything else they want.

HOA attorneys could care less what the law says, but are employeed to impose the will of the HOA board. Period..

What can you do? I sued my HOA and I did it myself...pro se.

I got the Fed Rules of Civil procedure (State Rules are identical) for $30 on Ebay.

This is the "bible" of how to proceed in the courts with your lawsuit.

I went down to the court clerks office and pulled several lawsuits (all public information) to see how to actually write the thing

I went to the law library, same complex and signed up for a card which also allowe me to access a data base of legal decisions

I spent quite a bit of time, spent a few hundred dollars and saved 30-40K dollars on my lawsuit

I won. The case is now remanded back to the lower court after appeal for damages they owe me

So that is one way...not for everyone I know....but boy oh boy did I enjoy kicking these slimy @#$holes in the face!.

Answer 6

First it depends on your financial situations and your tax debt status. How much taxes do you owe? Is this a federal tax debt or state tax debt?

Second when did you get the notice of the tax lien?

The most common ways to fight for the liens are

• Pay off your debt or settle a payment plan
• Settle an Offer in Compromise
• Appeal the tax lien
• Prove that the tax lien bring you a financial hardship

It is always suggested to get an attorney to help you with the issue, some companies provide a free consultation and it is worth trying. Don't fight a tax lien on your own, I highly recommend some professional help. You can check the related links below for more information.

Answer 7

Your answer depends on the fight.

If you believe that your association has failed in its responsibilities, you can send certified mail pointing out the failures. Include facts and evidence and request a cure. Based on the board's response -- or non-response, you can then seek counsel.

When an attorney agrees with you, based on the evidence, the attorney can approach the board in your name and help you right some wrong.

Primarily, it's your responsibility to understand -- under your governing documents -- what is required by the board, what the board has acted on that you believe is worth a 'fight', and basically understand more about the situation you're in.

Answer 8

You need to review the rules and regulations of the homeowners association. It generally has the right to record a lien against your property for non-payment of common fees and assessments. Those subdivision schemes generally contain language similar to the example below. When you purchased your property you agreed to be bound by any homeowners association rules and regulations recorded by the developer. If you believe any of the provisions violate any state law you have the right to initiate a court action to render that portion unenforceable. However, you also need to weigh the legal costs against the amount of the lien. You should seek the advice of an attorney to determine what your options are. The answer may be a simple one. Example: [ Enforcement and Attorneys’ Fees. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, including injunctive relief, all restrictions, conditions, covenants, reservations, liens, charges, and obligations now or hereafter imposed by the provisions of this Declaration. In connection with such litigation, the prevailing party shall be entitled to recover all costs and expenses incurred in connection with such litigation, including reasonable attorneys’ fees. Without limiting the generality of the foregoing, the prevailing party in any litigation to require the Association to perform its obligations or to require the Declarant to incorporate the Association or to perform any other action or obligation imposed on the Declarant pursuant to this Declaration, shall be entitled to recover all costs and expenses incurred in connection with such litigation, including reasonable attorneys’ fees. The failure of the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.]

Answer 9

You will need to hire an attorney and go to court to remove a false Homeowners Association lien. Once a lien has been placed, a court is the only place to remove the lien.

Answer 10

Find an HOA-savvy attorney who can help you file a lien on the title of the property.