Lien assessed by HO Association
I have been approved for a short sale that was supposed to close last Wednesday. After title search was done, was informed that there is a lien for $700+ due to a HO association dues that were 90+ days late. ($103) Delayed closing till possibly next Thursday. I already paid the fees plus interest and cleared bank as proof on July 1 even though payment was made on June 25, 2008. Called HO and they said the dues was sent to collection attorney to settle. They said they notified attorney that fees were paid but called attorney and they have no record. I did not know about this until final title search right before closing. I have not received any notices, letters, calls, nothing. HO says I should have received notice for collection. Attorney verified notice was not sent due to possible foreclosure. She said law states if possible foreclosure notice does not need to sent out. Foreclosure proceedings stopped after approval of short sale last month. Now attorney tacked on $375 for filing mortgage lien, and $175 for responding to title company's verification of debt (estopple?) I was the treasurer for three years with same HO. We never sent dues for collection until years late and for a much larger amount. I asked about when procedure changed, property manager said it was addressed at a metting in June with no quorum once again. Can they pass this change with no quorum? So, they sent it for dues of $103 which was paid already. Also, this was also the same HO that sent me a nasty letter regarding a dog attack as the owner that mauled and killed a dog. The President knows I have two young children and never owned any animals. However, I had to call and send email back to association management regarding incorrect information. It was never investigated and apparently this information was told to them by a witness who signed an affadative to Animal Control. She sald sorry about misunderstanding! Did the attorney file an illegal lien because I was never properly notified? Should I sue thr Association about slander regarding dog attck notice? I checked the minutes of meeting and the information about the dog attck and blaming it on me is all documented in the meeting minutes. Any help is appreciated. I need to close but do not want to pay illegal fees! Thanks for anything.