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How do you file a property lien for unpaid condo fees in the state of MA?
Wiki User
∙ 14y ago
Your governing documents detail the process required for the board to follow in order to pursue an owner for unpaid assessments.
Best practices dictate that the board act with the assistance of a condominium attorney.
Wiki User
∙ 14y ago
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How do you put a lien on a condo for due fees?
Read your governing documents and work with your association attorney to file a lien for unpaid assessments.
Can you claim condo fees you have not paid?
Probably not. Just as you can't claim ownership of property to which you have no title.
How do you file a property lien for unpaid condo fees in the state of CA?
Read your governing documents to understand what's legal in your community and state. Usually, the association's attorney gives notice, which is required, with an opportunity given to the errant owner to make an arrangement to bring the account current. Once this process is complete, if the unpaid assessments remain unpaid, then the attorney can file a formal lien with the local courthouse.
What happens to the first mortgage on a condo in Florida when the condominium association forecloses for unpaid association fees?
For the condo association foreclosure to be valid, the bank who holds the mortgage must be notified of the foreclosure action, and the mortgage company has the opportunity to do a couple of things: They can pay the delinquent condo fees themselves, to protect their own interests, and force the borrower to pay them back. If the borrower is unable to repay the condo fees, it could put the mortgage payments in default, and be grounds for the lender to begin foreclosure proceedings. If the borrower is behind in their mortgage payments, the bank can join in the condo association's foreclosure action themselves. This is actually a great assistance to the bank, as it saves them the time and trouble of initiating the lawsuit - they just get to piggy-back on the condo association's foreclosure, which makes the foreclosure sale happen that much sooner. And since the bank's lien has priority over the condo association, the bank would be the one to get paid off first if the property got sold to a third party at the foreclosure sale, or if nobody bid on the property, they would be the ones who would become owners of the condo. If, for whatever reason, despite getting proper notice, the bank does nothing and the condo association forecloses on the property. The first mortgage holder has a lien that always survives the condo association's foreclosure. In fact, second mortgages are usually superior to the condo association's lien for unpaid maintenance fees. Usually the condo association gets stuck with owning a property with at least one outstanding mortgage with an outstanding mortgage balance greater than the actual value of the property because of the decline in real estate value. Most condo associations allow the first mortgage holder to foreclose on the property after their foreclosure is done. The main point is that in Florida a condo association foreclosure has no effect on the first mortgage.
Is there a law regarding condo fees I live in a four-unit condo One of the members has not paid his condo fee for 7 months?
Yes, and the law is a local state law, plus the governing documents under which the association operates the property. Read your governing documents and follow the guidelines there to collect the past-due assessments.
Can you quickclaim a deed if you owe assessment fees to the homeowners asociation?
The outstanding fees will show up at the closing. Obtaining a certificate that there are no fees due is an automatic part of a closing on a condo unit or a property subject to any association fees.
A lien for unpaid assessments has been placed on your unit by the condo association - can they foreclose on your condo owned outright?
You can find the answer you want in your governing documents.Usually, regardless of the ownership status -- outright ownership or mortgaged -- unpaid condominium assessments represent an automatic lien on your unit's title.Apparently, your board has filed a formal lien with the court based on these unpaid assessments.Your governing documents may detail the extent to which the board can act, which might include foreclosure on your unit in order to recover these unpaid assessments.(Your assessments pay communal fees, such as master policy insurance premiums, garbage and recycle fees, landscaping, utilities, and property management expenses, staff salaries, and more. Not paying your assessments means that you may be 'living on the backs' of your neighbors, because they are paying your share of common expenses.)
Does the bank need to pay back condo fees when they forecosure on a property in NJ?
The answer to this question depends on the legal cloud that the association placed on the title, such as a lien for unpaid assessments, and the priority of that debt in the forclosure process. Your association counsel can answer your question in particular, especially given evidence of the board's work in pursuing the debt prior to foreclosure.
How far back can a condo association go back to collect fees?
There is no standard. Read your governing documents to determine how far that association can reach into history for unpaid assessments. Your state law may also limit the reach. At the time of sale, all past-due assessments can be collected -- if the board has positioned its claim appropriately -- so that a new owner is not liable for unpaid assessments by a previous owner.
What happens when a transcript judgment is filed for unpaid HOA fees?
Your answer depends on where the judgement was filed. That authority will give you the answer you seek.
Can i force my co-owner of our condo to sell if he cant pay all is part of the condo fees?
Yes. You can petition the court for a partition of the property. If the court agrees it will appoint a commissioner to appraise the property and determine a selling price. You can then purchase your co-owner's interest. Since there are added court fees and legal fees associated to the partition you should try making a fair offer directly to your co-owner.You should discuss the situation with an attorney who specializes in real estate in your area.
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.
