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    jilldhunt's Avatar
    jilldhunt Posts: 1, Reputation: 1
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    #1

    Aug 9, 2010, 07:15 AM
    I'm 5 months behind on condo payments, want to put lien on property if not paid
    My mortgage is current but my condo fees are behind 5 months. The condo association has obtained an attorney to collect fees, the amount I owe including fees is $3,778.00, I have to pay that amount by Aug. 27th or it's accelerated through Dec, 2010--the cost when then be over $12,000 and a lien would be filed against my property for the past due and accelerated amounts. It's stated that a lien constitutes an encumbrance upon the title of my property which would be an impediment to any sale or transfer of the property. This is for the state of Maryland. I have contacted the law office on four occasions for a payment plan and discuss the entire bill and fees--they keep saying they will call me back, it's been a week and no response. What recourse do I have if any?
    Does a lien mean they can take my property although my mortgage is current? How does a lien effect your credit? Does it stay on record for 7 years?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Aug 9, 2010, 09:07 AM
    Quote Originally Posted by jilldhunt View Post
    What recourse do I have if any? Does a lien mean they can take my property although my mortgage is current? How does a lien effect your credit? Does it stay on record for 7 years?
    Hello j:

    If they win a judgment, the can put a lien, but it will take second position behind your mortgage, and they can't force a sale. The lien won't affect your credit, but the judgment will. It'll stay on your credit for 10 years and they can renew it for another 10 years.

    I wouldn't be put off though. I'd call 'em again, and AGAIN, until I got it resolved.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 9, 2010, 09:29 AM

    A judgment may not be required in this case. You need to read the By-Laws of the HOA. Many HOAs are allowed to place a lien for unpaid fees without going to court.

    However, all a lien does is what you said. You can't sell the condo until the lien is satisfied. They can't force you to sell.
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