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Read your governing documents and work with your association attorney to file a lien for unpaid assessments.
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∙ 13y ago
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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.
If your condo goes into foreclosure do you still owe the condo fees?
Yes, until the bank is the owner. The fact you're in foreclosure doesn't change the fact utilities need to be paid as well as your staff. It's not only the bank that can put you into foreclosure; even your HOA/condo association can force the sale of your home due to delinquency.
My condo community has decided to put new siding on your homes and if I don't pay 5500 they will put a lien on my home. Will that affect my credit rating?
Yes, a lien on your title, which clouds it, becomes public record and can affect your credit rating.
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 you put a lien on someones rental condo for unpaid dues if they are in Chapter 7?
This is a task for your association's counsel. Filling an improper lien, improperly, may give the debtor an easy out of the monies owed.
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.
Can the police seize my property if I put a lien against it first?
Police seizure is not affected by a lien put on the property by anyone as long as they follow the due course of law.
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.
You live in a condo and fourteen people are behind in assessment can the board put a lien on the unit owners who own the largest amount?
Sure--if you would like to retain a discrimination law attorney. If the board decides to file liens against delinquent condo owners, then it must file liens against all delinquent owners, not just some, unless there is a good reason (such as some owners have set up payment plans). Be sure that any offer to pay the delinquent fees without a lien is extended to all delinquent unit owners, and no delinquent unit owner gets a "better deal" than any other delinquent unit owner. Because attorney fees can be collected in lien filings (at least in my home state of WA), and lien filings can cost thousands in legal fees if not done correctly, see a real estate attorney right away.
How do you put a lien on a car in Ontario?
A lien can be placed on a vehicle in Ontario by a mechanic or an automobile repair shop. This lien is often placed on the vehicle when there is a repair bill due and it has not been paid. The lien will be lifted when the bill has been paid in full.
What if property is paid in full and there no mortgage Can HOA still put a lien for non payment of fees?
A lien can be placed upon any property if first, there is a judgment. You first have to have a judgment, where a debt is actually proven in a court of law, leaving a judgment. THen, if not satisfied, they certainly can lien your house. Anyone holding a judgment that is not satisfied can lien your house.
Can the tow yard put a hold on your license if you don't come and get the car and pay fees?
No. They can, however, put a mechanic's lien on your vehicle, which could ultimately give them possession of and the right to sell your vehicle.
