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Can an Home owners association put a lien on your property even while you are making payments?
You are not clear about who you're making payments to: the mortgage company for your mortgage, or to the association to pay assessments that are in arrears. If you mean payments to make up arrears, and the association filed a lien on your title, review the agreement that you made with them about making payments. It's possible that filing a lien is part of your agreement in some way. Or, that the association has filed a lien against you in error. If you mean payments to pay your mortgage, and you are not paying your assessments, your association filed a lien to collect monies that you owe in past-due assessments. (You have to pay both: mortgage and assessments.) If your assessments are up to date, check with the board to better understand why a lien has been filed by the association on your title.
Can the HOA continue to collect payment once a lien is filed?
Any lien covers past-due assessments: ongoing assessments if left unpaid means that you are enjoying the real estate at the expense of your neighbors. Assessments continue even after a lien is filed: the lien may insure that all the assessments are paid at some time of future sale, but without these cash flow dollars, the association may not be able to pay its bills. Assessments pay for the operation, maintenance, upkeep and protection of the real estate that all owners own in common. Your continued enjoyment of that real estate assumes that you will pay for it: this is the purpose of assessments.
What kind of lien can a home owners association file?
Of all the types of liens that can be filed on a real estate title, the association can file a 'specialty lien' specifically to collect unpaid assessments. With a lien against the title, you cannot sell or refinance the unit until the lien is paid and satisfied, and the lien satisfaction filed with the appropriate court clerk.
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.
Can a condominium put a lien in your condo?
Yes, a condominium can put a lien on your condo. The condominium depends on your payments to keep up the common areas. As a result, it has the right to collect its fees plus interest when you sell it if you do not pay your assessments and a lien is filed. As well, the association may be able to sell your unit in order to collect these unpaid assessments. Read your governing documents to remind yourself of your agreement to pay assessments and of your association's responsibility to pursue you until the assessments are paid. When you do not pay your assessments, you're essentially asking your neighbors to pay your bills.
How often are liens on condo fees updated?
If your association has filed a lien on a title for unpaid assessments, the board worked with an association-savvy attorney to file the formal lien. Depending on the type of lien filed, the attorney and the board work together to maintain a current status of the lien, so that the cloud on the title remains. (It's unreasonable to enjoy the amenities of a condominium community without paying the assessments that you owe, especially when you believe that you can simply 'wait it out' and have the lien forgiven, based on the passage of time. It's a truly unfair way to ask your neighbors to pay your bills.)
How do you file a lien for unpaid condominium assessments?
Your governing documents specify the process the board must follow in order to collect unpaid condominium assessments by filing a lien.In some states and counties, assessments automatically become liens against the title to the condominium unit, however the lien must be filed in order to be collected.The board or its attorney can file a lien with the appropriate court in the state or county where the condominium is located.
What are the steps that an HOA needs to take to put a lien on a home where assessments are in arrears?
Read your governing documents to determine the process that the board must follow to collect past-due assessments. Filing a lien should be the last step the board takes. Best practices dictate that the board work with association counsel to prepare and file a lien. Improperly liens and liens filed improperly give owners an out.
How do you remove a UCC Lien that was erroneously put on?
To remove a UCC Lien that was erroneously put on, just fill up Statement of Claim form or UCC5, checking box 2b for wrongly filed record. Give the reasons why you think it was wrongly filed.
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.
A lien was filed due to credit card debt. I had no personal property at the time the lien was filed about 3 years ago. How does this affect my credit?
The lien is probably still in place, and the fact that it was filed is still on your credit file.
What are the implications of having a condominium association putting a lien on your condo home?
The association filed a formal lien with the court, on your condominium home -- probably -- for unpaid assessments.(Your monthly assessments pay bills to vendors who service the community, such as sewer, water, garbage, master insurance policy premiums, landscaping and so forth. When you don't pay your assessments, essentially you ask your neighbors to pay your bills.)The effect of the lien is that the title to your ownership is clouded. A lien can appear on your credit report. In order to sell your unit, the lien must be paid and the lien lifted.Read your governing documents to determine the steps that your board can take to recover the monies you owe, potentially including foreclosing on your unit in order to satisfy the lien.
