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    blackshadow's Avatar
    blackshadow Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 28, 2007, 10:58 AM
    Homeowners Association Lien on my property
    I sent the HOA a check in May 2006 for 50% of the annual fees as my house was under contract. I had to leave home to look after my mom for 4+ months. I returned to my
    Home in November 2006. I applied for a loan in January 2007 to help pay for my mom's
    Medical expenses, I was told by the lender that the HOA had a lien on my home. I went to
    The Courthous to get a copy of the Lien as the HOA had not sent me a copy. I have tried to
    Pay the Lien, I sent a Cashier's check by Certified Mail to the HOA. I also sent a Cashier's
    Check to the HOA by Certified Mail for the 2007 HOA fees which are not due until March 2007. I have just received notices from USPS that both the Cerified Mail were REFUSED by the HOA. I cannot therefore get the HOA to discharge and Release the Lien on my
    Hone which means that I cannot close the loan on my home so I cannot pay for my mom's
    Care. Can anybody suggest hoe I can enforce payment on the HOA ?:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 28, 2007, 12:30 PM
    You sue them to clear the title.

    Without getting my real estate book out I can't tell you the name of the suit, but it has to do with specific performance to clear the lien.
    djsampson01's Avatar
    djsampson01 Posts: 1, Reputation: 1
    New Member
     
    #3

    Sep 18, 2011, 04:00 PM
    Summons received and 30 days to responded or settle. My situation is this, I forgot about the HOA fee and was never notified in writing of the fees. During this period, I retired from the military and relocated back to my home in FL. The fees are due in Jan/Jul of each year. I received a letter from an attorney in Mar. I paid the fee immediately with paying the late fee. I paid the Jul assessment in Jun. The attorney has filed a claim lien against my home and now a lawsuit for fees that I have already paid. The HOA Covenant states that each owner will receive a 30 notice prior to the payment due date. What should I do?

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